US embassy cable - 05PANAMA2020

C O N F I D E N T I A L SECTION 01 OF 02 PANAMA 002020 
 
SIPDIS 
 
DEPT FOR WHA/CEN AND WHA/FO 
 
E.O. 12958: DECL: 10/06/2015 
TAGS: PREL, SNAR, PGOV, PINR, PM, POL CHIEF 
SUBJECT: PANAMA,S ATTORNEY GENERAL PLEDGES FULL COOPERATION 
ON ALEMAN CASE 
 
 
Classified By: Ambassador William A. Eaton.  Reasons 1.4 (B) and (D) 
 
1.  (C) Summary.  Panama,s Attorney General pledged to 
cooperate fully with the USG as the case against former 
Nicaraguan President Aleman goes before a judge on November 
23.  There are opportunities for the USG to assist Panamanian 
prosecutors as they prepare for the November hearing.  An 
arrest warrant could be issued for the defendants in the 
case, but this decision rests with the judge.  While the case 
in Panama can help keep the pressure on Aleman, there are a 
number of obstacles in the way of his ever standing trial 
here.   End Summary. 
 
Ambassador and AG Discuss Aleman Case 
------------------------------------- 
 
2.  (C)  On October 6 the Ambassador met with Panamanian 
Attorney General Ana Matilde Gomez to discuss the money 
laundering case against former Nicaraguan President Arnoldo 
Aleman.   The meeting took place at our request, and the 
Ambassador was accompanied by the DHS/ICE case agent and NAS 
Director (notetaker).   Gomez was accompanied by acting Anti 
Corruption Prosecutor Mercedes De Leon. (Note:  De Leon, who 
is very close to the Attorney General and an excellent 
Embassy contact, was likely hand picked by the AG for this 
sensitive position). 
 
3.  (C)  The Ambassador began by expressing the USG,s 
appreciation for the cooperation that Panama has provided to 
date related to the international efforts to bring former 
President Aleman to justice.   The Ambassador also reinforced 
the message delivered by WHA DAS Dan Fisk during his 
late-September visit regarding the importance of the 
Panamanian case against Aleman.  The Ambassador also brought 
the Attorney General up to date on USG diplomatic efforts to 
isolate Aleman, in particular during the Deputy Secretary,s 
visit to Managua this week. 
 
4.  (C)  The Attorney General assured the Ambassador that she 
shared the USG,s interest in seeing Aleman brought to 
justice.  She provided the Ambassador with a copy of the 
Panamanian charges against Aleman, and invited USG experts to 
examine the evidence that the GOP possessed.   Her only 
request was that the USG not disclose that this information 
had been shared with us and that we return the file to her 
office after it has been reviewed by our experts.   The 
Attorney General said that Prosecutor De Leon would be 
willing to provide clarification on any of the issues in the 
Panamanian case. 
 
AG Confident, but Welcomes USG Help 
----------------------------------- 
 
5.  (C) The Attorney General and De Leon expressed confidence 
in Panama,s case against Aleman, but welcomed USG assistance 
in preparing for the November 23 initial hearing.  Since 
taking over from Anti Corruption Prosecutor Cecilia Lopez, 
who has been handling the case but is now on two months 
vacation, De Leon has already responded to motions from the 
defense asking that the case be dismissed.  In the latest 
motion, Aleman,s defense attorney claimed that the former 
President enjoyed immunity from prosecution because of his 
membership in Parlacen.   The Panamanians successfully 
defeated that motion, arguing that since the immunity did not 
apply in Nicaragua it would not hold in Panama either. 
6.  (C) The Attorney General emphasized the importance of a 
strong presentation to the judge in the initial hearing, and 
requested assistance from the USG in procuring audiovisual 
equipment to help with the presentation.  (Note:  NAS will 
follow up with De Leon,s office to respond to this request.) 
  The Attorney General and De Leon said that they were 
pleased with the judge who had been chosen to hear this case, 
noting that while she lacked experience with complicated 
financial cases her reputation was solid.   With this in 
mind, the Attorney General suggested that the USG arrange 
some training for the judge who would be hearing the case 
(under the umbrella of a broader training initiative). 
 
7.  (C) De Leon said that she anticipated three lines of 
defense for Aleman.  First, his attorneys would continue to 
argue that he benefited from immunity.   Second, they would 
argue that since money laundering had not been a crime in 
Panama when the funds were deposited, he should be absolved. 
Finally, the attorney would seek to portray the charges 
against Aleman in Nicaragua as politically motivated.   De 
Leon felt confident in her ability to counter each of these 
defenses.  She said that Panama,s financial investigation 
had been well done, and that there was a very strong case 
against Aleman for laundering money in Panama. 
 
Possible Pressure On the Accused? 
--------------------------------- 
 
8.  (C) The Ambassador asked if it would be possible for 
Panama to issue an arrest warrant for Aleman and his 
co-accused.  The Attorney General instructed De Leon to 
present such a request to the judge, noting that it was 
unlikely that the accused would voluntarily present 
themselves in Panama for trial or to respond to questions. 
The Attorney General was clear that to succeed, such a 
request could not be seen as politically motivated.  With 
this in mind, the Attorney General noted that she was not in 
contact with Panama,s executive branch regarding this case. 
 
 
9.  (C) The Attorney General said that her staff were in 
contact with Nicaraguan counterparts, however, and that she 
expected a visit from the Nicaraguan prosecutor prior to the 
November 23 hearing.   She also suggested that Panama would 
request judicial assistance from Nicaragua, for example, help 
in allowing Panamanian prosecutors to question Aleman and his 
co-accused. 
 
Wheels of Justice Will Move Slowly 
---------------------------------- 
 
10. (C) The Ambassador asked the Attorney General what would 
likely happen after the November hearing.   She was honest in 
answering that given the backlog in Panama,s courts, it was 
likely that a trial would not be scheduled until at least 
August 2006.   There were also numerous opportunities for the 
defense to seek further delays.   This compounded with the 
difficulty of compelling the presence of the accused meant 
that any trial was at best a distant prospect. 
 
Way Ahead 
--------- 
 
11.  (C) We will review the Panamanian case file in 
coordination with officials from DOJ, DHS/ICE, and State. 
We will also coordinate with Anti Corruption Prosecutor De 
Leon in advance of the November 23 hearing.   It may be 
useful for Embassy Managua RLA and other officials to visit 
Panama, perhaps in conjunction with the planned visit by the 
Nicaraguan prosecutor.   We will also follow-up on the 
Panamanian attempts to secure an arrest warrant in the case. 
 Finally, we will explore the possibility of the money 
laundering training for the judge in the case, as suggested 
by the Attorney General. 
 
Comment 
------- 
 
12.  (C) From our vantage point, Panama,s Attorney General 
and Anti-Corruption Prosecutors are well disposed to continue 
cooperation with USG and Nicaraguan counterparts on the 
Aleman case.   This could be useful in keeping the pressure 
on Aleman and his cronies.  If a U.S. case against Aleman 
were to move forward, we suspect that Panama would also 
render full assistance in sharing the information it has 
developed.   At the same time, we doubt that Aleman and his 
co-accused will ever stand trial in Panama given the 
difficulty in compelling their return here to face justice. 
That said, we should look for ways to support Panama,s 
attorney general as she moves forward with her case against 
Aleman. 
EATON