VZCZCXRO5557
RR RUEHQU
DE RUEHPU #2243 3251935
ZNR UUUUU ZZH
R 211935Z NOV 06
FM AMEMBASSY PORT AU PRINCE
TO RUEHC/SECSTATE WASHDC 4635
INFO RUEHZH/HAITI COLLECTIVE
RUEHBR/AMEMBASSY BRASILIA 1293
RUEHSA/AMEMBASSY PRETORIA 1130
RUEHQU/AMCONSUL QUEBEC 0626

UNCLAS PORT AU PRINCE 002243 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/CAR 
 
E.O. 12958: N/A 
TAGS: PREL SOCI SNAR CASC HA
SUBJECT: GOH OPEN TO RENEWED CRIMINAL TRANSFERS? 
 
¶1.  (SBU) Summary.  Ambassador, accompanied by Santo 
Domingo-resident LEGATT and ALEGATT and Consul General, met 
with Justice Minister Rene Magloire and State Secretary 
Eucher-Luc Joseph on November 7 to discuss resumption of the 
transfer of Haitian criminal suspects to the United States 
for prosecution.  Such transfers had been frequent during the 
tenancy of the IGOH and had even occurred during the Aristide 
administration, but have been frozen since the new cabinet 
took office.  The meeting did not yield tangible changes, but 
did achieve an understanding that the issue merited further 
consideration.  End summary. 
 
¶2.  (SBU) Following a request from LEGATT Santo Domingo 
concerning a known Haitian under indictment for heroin 
trafficking in the U.S., the Ambassador asked for a meeting 
with Justice Minister Rene Magloire to discuss the transfer 
of suspects for prosecution in the U.S.  The meeting occurred 
on November 7 and included LAGATT and ALEGATT and the Consul 
General on the U.S. side and State Secretary for Public 
Security Eucher-Luc Joseph on the Haitian side. 
 
¶3.  (SBU) Transfers of suspects, usually involving drug 
traffickers and kidnappers, were a relatively common 
occurrence during the tenure of the IGOH and actually date 
back to the Aristide years.  Subsequent to the installation 
of the Preval cabinet, however, these transfers have ceased, 
leaving those thought to have committed crimes in violation 
of both U.S. and Haitian law free to negotiate their fate 
solely within the admittedly corrupt Haitian judicial system. 
 
¶4.  (SBU) The Ambassador presented Minister Magloire with a 
list of five persons for whom the FBI was seeking assent for 
transfer to the U.S. for eventual prosecution.  One of the 
five was wanted only for a U.S. violation (murder), another 
was a naturalized U.S. citizen involved in the illicit drug 
trade, another a kidnapper of American citizen(s), and the 
last two Haitian-based drug merchants.  The Minister readily 
agreed that the U.S. citizen could be deported for 
prosecution if he could be located, but asked for specific 
case information prior to initiating any action. 
 
¶5.  (SBU) When the discussion turned to the Haitian national 
suspects, the Minister immediately fell back on Article 41 of 
the Haitian Constitution, which forbids the quote deportation 
unquote of Haitian citizens to a foreign jurisdiction under 
any circumstances.  He suggested that the U.S. assist in 
setting up a task force composed of special prosecutors and 
judges to assume jurisdiction of cass of mutual interest. 
The Ambassador, while not ismissing this option out of hand, 
pointed out tht the creation of such a modality could only 
be iewed as a long-term solution and that we were seeing an 
immediate tool to address severe and destbilizing crimes 
such as drug trafficking and kidapping, that could be 
employed outside any formalextradition process. 
 
¶6.  (SBU)  When it was poited out to the Minister that, 
aside from the murer suspect, the other wanted persons could 
be resonably assumed to have perpetrated far more havoc on 
Haitian individuals and the Haitian State than they were 
thought to have perpetrated on U.S. persons, he warmed 
visibly to the notion of finding an alternate path to sending 
suspects subject to federal prosecution to the U.S. for 
indictment and trial and suggested that this could be 
possible under the rubric of &judicial cooperation.8 
 
¶7.  (SBU) Comment.  While the meeting ended without any 
agreement beyond a willingness to continue to discuss the 
issue, it marks the first time the new government has 
displayed anything other than intransigence on this subject. 
To date, we have been able to refer more than a dozen drug 
trafficking suspects and nine kidnappers to federal court for 
trail and conviction.  Most of these would have escaped 
justice had they been allowed to stay in Haiti.  If we are 
able to attain GOH consent to resume the previous practice, 
we will have restored a very effective method of disrupting 
both drug trafficking and the kidnapping of American 
citizens.  End comment. 
SANDERSON