VZCZCXYZ0002
PP RUEHWEB

DE RUEHDG #2231/01 2741953
ZNR UUUUU ZZH
P 011953Z OCT 07
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 9297
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCOWCV/CUSTOMS CARIBBEAN ATTACHE MIAMI FL PRIORITY
RHMCSUU/FBI WASHINGTON DC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEFHLC/HQS DHS WASHDC PRIORITY

UNCLAS SANTO DOMINGO 002231 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CAR JAFFEE AND WARD 
L/LEI FOR TORRES AND MUELLER 
DEPARTMENT OF JUSTICE FOR CRIM/OIA ORJALES AND ESTABROOK 
US MARSHALS SERVICE PLEASE PASS TO JIM SCHIELD 
DEA FOR OF,OFI,DO,DCO 
 
E.O. 12958: N/A 
TAGS: CJAN CVIS KJUS KCRM SNAR DR
SUBJECT: 173RD DOMINICAN FUGITIVE EXTRADITED TO THE UNITED 
STATES - FY 2007 SUMMARY 
 
REF: STATE 104339 
 
¶1. The following details the most recent fugitive to be 
extradited from the Dominican Republic and provides an 
overview of extraditions in FY 2007. 
 
-- Bolivar Ricardo Jaquez 
 
¶2. On October 3, 2007, U.S. Marshals will return Bolivar 
Ricardo Jaquez (aka Nelson Cruz, Bolivar Lopez) to 
Massachusetts to serve sentence following a conviction of 
trafficking cocaine in excess of 200 grams - a charge 
detailed in Suffolk County indictment number 071339, filed 
August 2, 1998.  Jaquez was sentenced to ten years 
imprisonment in the Massachusetts Correctional Institute on 
February 10, 1989, but escaped from that institution on 
September 24, 1990, before completing sentence. 
 
¶3. This case was brought before the Dominican government on 
August 1, 2007, by virtue of an Embassy diplomatic note. 
Approximately one month later, on September 6, 2007, the 
Criminal Chamber of the Dominican Supreme Court issued a 
provisional arrest warrant based on the USG request for 
extradition.  On September 27, 2007, Jaquez was apprehended 
by officers of the Dominican Republic's National Directorate 
for Drug Control's fugitive apprehension unit working in 
conjunction with a special FBI-vetted group of Dominican 
investigators. 
 
¶4. On September 28, Jaquez made a knowing, intelligent, and 
voluntary waiver of his right to challenge his extradition 
before the Criminal Chamber of the Dominican Supreme Court. 
 
¶5. The return of Jaquez will mark the 173rd 
Dominican-national fugitive returned through or in lieu of 
extradition since 1998, when the first Fernandez 
administration comitted itself to rigorously honoring 
Dominican obligations made under the 1909 bilateral 
extradition treaty.  He will be the first fugitive returned 
in Fiscal 2008 and the 17th for CY-2007. 
 
-- FY 2007 Summary 
 
¶6. In FY 2007, the Dominican Republic returned 25 fugitives 
through or in lieu of extradition (1 self-extradited in lieu 
of proceedings), 85 percent of whom waived extradition 
hearings before the Criminal Chamber of the Dominican Supreme 
Court and 80 percent of whom were sought for 
narcotics-related offenses.  Additionally, 6 Dominican 
fugitives either died (accidentally) or were captured outside 
the Dominican Republic (in one notable case, a capture was 
effected in Spain following extensive intelligence-gathering 
and information-sharing by Embassy's locally-resident U.S. 
Marshals).  During the same period, only 20 fugitives were 
requested for extradition, making a clearance rate for FY 
2007 of 155 percent (the overage reflecting the clearance of 
older cases). 
 
¶7. Despite this success, two disturbing precedents were 
established during this period.  On August 29, 2007, the 
Criminal Chamber of the Dominican Supreme Court failed to 
honor a provision within the 1909 Extradition Treaty stating 
that the only statutes of limitation governing extradition 
are those "according to . . . the jurisdiction (in) which the 
crime is committed". (Treaty, Article V)  The Court, 
improperly applying a Dominica statute of limitations 
regarding sentencing under Section 439 of the Dominican 
Criminal Procedures Code (2004), found that convicted 
murderer Juan Astwood had not begun serving sentence within 
10 years of the sentence's pronouncement as required under 
Dominican law.  The Court, accordingly, refused to extradite 
Astwood, effectively rewarding him for his ability to evade 
capture.  Dicta suggests that this precedent may be applied 
to other Dominican statutes of limitation. 
 
¶8. In an earlier case regarding alleged narcotics traffickers 
Juan Flete and Lourdes Machuca, the Criminal Chamber of the 
Supreme Court declared confidential witnesses to be 
inherently unreliable, and refused to extradite Flete and 
Machuca based solely on the corroborated testimony of unnamed 
 
witnesses.  This case strongly suggests that U.S. law 
enforcement agencies must either directly witness an illegal 
act (e.g., a controlled buy by undercover agents) or must be 
willing to provide witness' names in order to have a 
successful extradition request in the Dominican Republic. 
GOUGHNOUR