US embassy cable - 05QUITO2678

C O N F I D E N T I A L SECTION 01 OF 02 QUITO 002678 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR INL/C - W. MCKENNA, S. PETERSON; DOJ FOR PAUL 
JOSEPH; ICE FOR GABRIEL GARCIA; DOJ FOR WILLIAM HO-GONZALEZ 
 
E.O. 12958: DECL: 11/21/2015 
TAGS: KCRM, PHUM, PREL, SMIG, PBTS, PGOV, Trafficking 
SUBJECT: ECUADOR TO COOPERATE ON ANTI-SMUGGLING CASES 
 
Classified By: Rosemary Macray for reasons 1.4 (b) and (d) 
 
1.  (U) Summary: Ecuador's top officials committed to working 
with U.S. law enforcement authorities to slow illegal 
immigration and put alien smugglers behind bars during a 
November 16-18 visit by DOJ prosecutors and DHS agents. The 
visit came just days after Ecuadorian police arrested a 
couple alleged to be responsible for the August drowning 
deaths of nearly 104 intending immigrants off Colombia.  The 
GOE leaders are willing to allow the alleged human 
traffickers to be brought to the United States, and offered 
to share more evidence in smuggling investigations and 
bolster the budget for smuggling-related law enforcement. 
The Embassy concurs with legal efforts to try the smugglers 
in the U.S. via travel through third country, given the weak 
justice system here.  End Summary. 
 
2.  (U) The arrest of human smugglers Milton Bautista Guzman 
and his wife, Patricia Pesantez, in Cuenca on November 14 
formed the backdrop for the talks.  Bautista is alleged to be 
the organizer of the tragedy at sea when an overloaded 
migrant ship sank near Galapagos on August 13, 2005, killing 
104 migrants. U.S. and Ecuadorian investigators spent most of 
November 16 taking testimony from survivors and from family 
members of the drowning victims. 
 
3.  (C) Presidential spokesman Jose Toledo, Attorney General 
Cecilia Armas and the Presidential Advisor Jose Apolo 
acknowledged the possibility that under Ecuador's incomplete 
legislation and corrupt judicial system, the smugglers could 
well go free.  Corruption and threats against judges and 
prosecutors have thwarted justice in the past. 
 
4.  (C) DOJ attorneys offered to try the pair in the U.S. 
where, if convicted, they would face stiff sentences. 
Because Ecuador's constitution does not allow its nationals 
to be extradited, U.S. and Ecuadorian officials discussed how 
to legally bring the couple to the United States.  USG 
officials suggested that the GOE send the two to Guatemala, 
where they would be subpoenaed to testify in a pending 
smuggling case.  After taking their testimony, the GOG would 
then expel them to the United States to face charges for the 
drownings.  GOE officials agreed to the plan 
enthusiastically, and Presidential advisors Apolo and Toledo 
said they would also recommend to the president a 
constitutional change to permit future extradition of 
Ecuadorians. 
 
5.  (SBU)  President Palacio is very interested in combating 
alien smuggling and TIP in Ecuador, Toledo said, noting that 
he would prepare a report for the president and convene a 
high-level working group on the smuggling issue (another 
interagency group on Trafficking in Persons already exists). 
A former journalist, Toledo said he would work to keep 
smuggling cases like the August drowning before the public, 
to create pressure for legal authorities to follow through on 
prosecutions here. 
 
6.  (SBU)  AG Armas complained of a lack of funding for 
prosecutors, especially in Guayas province, where most 
smuggling cases occur. U.S. and Ecuadorian authorities also 
spoke of the need to expand a special vetted unit dedicated 
to smuggling and human trafficking cases.  Toledo said he 
would pursue needed money through the president's office. 
 
Comment 
------- 
 
7.  (C) DOJ and DHS visitors left Quito pleased with the 
GOE's willingness to cooperate.  Prospects for a change to 
the constitution to permit extradition of Ecuadorian 
nationals are low, and a move in Congress to stiffen 
penalties for human smugglers has been sidelined during the 
recent confrontation with the president over his proposed 
referendum.  Given the importance of effective prosecution of 
the Bautista pair, we concur with the plan to prosecute in 
the U.S.  However, if Washington agencies authorize the plan 
and the government of Guatemala agrees to deport Bautista and 
his wife to the U.S., we should be prepared to counter public 
criticism here and possibly elsewhere.  To do so, we should 
emphasize the gravity of the alleged crime (104 innocent 
deaths), and the useful cooperation between Ecuador, 
Guatemala and the U.S. to prevent future smuggling tragedies. 
 We should not/not discuss GOE concerns that these 
traffickers would not face justice in Ecuador, which would be 
embarrassing to the GOE and could generate a defensive 
reaction. 
 
8.  (SBU) We have already proposed USG support to the 
anti-smuggling/TIP vetted unit, which has received NAS 
funding in the past and is being considered for G/TIP 
support.  We are convinced that only such a carefully 
screened unit can effectively investigate sensitive smuggling 
and TIP operations.  The unit currently operates with DHS 
guidance, although coordination would be improved with the 
assignment of permanent DHS staff in Quito and Guayaquil. In 
September, National Police Chief Jose Vinueza requested NAS 
support for expansion of the special unit to Guayaquil and 
Cuenca.  While awaiting a response on funding from G/TIP, we 
will encourage the GOE to provide its own funding for the 
special unit. 
JEWELL