VZCZCXYZ0010
PP RUEHWEB

DE RUEHPE #0913 1441619
ZNR UUUUU ZZH
P 231619Z MAY 08
FM AMEMBASSY LIMA
TO SECSTATE WASHINGTON DC PRIORITY 0000

UNCLAS LIMA 000913 
 
SENSITIVE 
SIPDIS 
 
DEPT. FOR L/LEI:HMCSHAIN AND GHARRIS 
DOJ FOR OIA:NROMANO 
 
E.O. 12958: N/A 
TAGS: CASC CJAN CVIS KCRM SNAR PE
SUBJECT:  Extraditions in Peru 
 
REF: SECSTATE 50522 
 
¶1. (SBU) Summary: Emboffs and P...

id: 155355
date: 5/23/2008 16:19
refid: 08LIMA913
origin: Embassy Lima
classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
destination: 08SECSTATE50522
header:
VZCZCXYZ0010
PP RUEHWEB

DE RUEHPE #0913 1441619
ZNR UUUUU ZZH
P 231619Z MAY 08
FM AMEMBASSY LIMA
TO SECSTATE WASHINGTON DC PRIORITY 0000


----------------- header ends ----------------

UNCLAS LIMA 000913 

SENSITIVE 
SIPDIS 

DEPT. FOR L/LEI:HMCSHAIN AND GHARRIS 
DOJ FOR OIA:NROMANO 

E.O. 12958: N/A 
TAGS: CASC CJAN CVIS KCRM SNAR PE
SUBJECT:  Extraditions in Peru 

REF: SECSTATE 50522 

¶1. (SBU) Summary: Emboffs and Peruvian lawyers representing the USG 
on extradition cases met May 20 with Minister of Justice Rosario Del 
Pilar Fernandez to discuss points in reftel and other issues. The 
Minister acknowledged USG concerns over Peruvian courts' recent 
denial of several USG extradition requests and suggested specific 
remedial steps.  In response to the need for more expertise in the 
Supreme Court regarding extradition procedures, the Minister agreed 
to make a formal request to the Supreme Court that it establish an 
office specifically to handle extradition cases. She also welcomed 
the idea of DOJ's planned training on extraditions for Peruvian 
judges and lawyers, set for late June 2008 in Lima. End Summary. 

Meeting with Justice Minister 
¶2. (SBU) Conoff, Poloff, ARSO, and senior ACS LES met May 20 with 
Minister of Justice Rosario Del Pilar Fernandez. Also present at the 
meeting were Peruvian attorneys, Gerardo Castro and Moises Aguirre, 
who represent the USG on extradition cases from Peru to the U.S. 
¶3. (SBU) Conoff began the meeting by identifying the USG's concerns 
over Peruvian courts' recent denial of several USG extradition 
requests. Drs. Castro and Aquirre cited a number of cases in which 
Peruvian courts had ruled erroneously. Dr. Castro noted that the 
March 2008 ruling denying the extradition of Juan Manuel Vicuna-Rios 
was based on only one felony charge, which the court cited as not 
extraditable. The Minister supported Dr. Castro's intention to 
request that Peru's Supreme Court overturn the ruling. Dr. Castro 
will submit this request prior to the May 28 deadline for this 
judicial action. 
¶4. (SBU) Conoff expressed concern that Peruvian courts are asking 
for additional evidence, e.g. testimony tapes and/or court 
affidavits, while the Treaty requires only "probable cause." The 
Minister agreed that the Treaty requires probable cause and not 
proven cause ("causa probable, no causa probada"). 
Extradition Office in Supreme Court 
¶5. (SBU) Conoff raised Peruvian judges' apparent lack of 
understanding of extradition procedures, as evidenced by the recent 
adverse rulings. Conoff and Dr. Castro suggested to Minister 
Fernandez that a dedicated extradition office within the Peruvian 
Supreme Court would provide it the staff expertise necessary to 
properly identify criteria in extradition requests which comply with 
the treaty. The Minister agreed to request formally that the Supreme 
Court establish the office. 
DOJ Training 
¶6. (SBU) Conoff noted that DOJ will send a team to Peru for 
consultations with GOP officials and to conduct an extradition 
training workshop for Peruvian lawyers and judges. The Minister 
expressed her pleasure about the workshop and asked to be kept 
abreast. Poloff was identified as the POC for the training which 
will take place in Lima on June 30 - July 2, 2008. 
¶7. (SBU) Comment: This meeting with the Minister was timely and 
productive. Although newly appointed (approx. 5 months in the 
office), she was knowledgeable on the issues and expressed a 
willingness to seek solutions to our concerns. Through our lawyers, 
Post will follow-up regarding the incarceration of Caffelli and 
Turcotte, and the Minister's decision to request that the Supreme 
Court establish its own extradition office. End Comment. 
McKinley 

=======================CABLE ENDS============================