VZCZCXYZ0001
PP RUEHWEB

DE RUEHPE #0591/01 0952030
ZNR UUUUU ZZH
P 042030Z APR 08
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC PRIORITY 8363
INFO RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY

UNCLAS LIMA 000591 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/AND:BTHOMAS AND L/LEI:HMCSHAIN 
JUSTICE FOR OFFICE OF INTERNATIONAL AFFAIRS:MBOYNTON. 
 
E.O. 12958: N/A 
TAGS: KJUS PHUM PREL PE
SUBJECT: PERU: VISITATION OF EXTRADITEE WILMER YARLEQUE 
 
REF: A. 2007 STATE 167285 
     ¶B. LIMA 071 
     ¶C. 2007 LIMA 3852 
 
¶1. (SBU) Summary: As directed in ref A, Post has visited 
Peruvian extraditee Wilmer YARLEQUE Ordinola on multiple 
occasions and confirmed that he is being treated in 
accordance with Peru's international human rights 
obligations.  Moreover, the GOP has sought actively to 
fulfill its commitments contained in the bilateral "side" 
agreement that facilitated Yarleque's extradition.  As per 
the terms of that agreement, an International Committee of 
the Red Cross (ICRC) representative is set to visit Yarleque 
approximately every 4 months during the remainder of his 
incarceration; Embassy officers will also be able to visit 
Yarleque at any time, as necessary.  Given Peru's improved 
human rights climate and the GOP's demonstrated commitment, 
there is every reason to believe Yarleque's treatment will 
continue to be consistent with Peru's obligations under the 
Convention Against Torture (CAT).  End Summary. 
 
¶2. (SBU) To facilitate the extradition of Yarleque to Peru, 
in the special side agreement embodied in an exchange of 
diplomatic notes late last year, the GOP reaffirmed its 
commitment to complying with international human rights norms 
under the Convention Against Torture (CAT).  It also agreed 
that U.S. Embassy officers, or a mutually acceptable third 
party representative, would be able to visit Yarleque 
periodically in order to monitor his treatment for as long as 
his incarceration in Peru lasted (refs).  Poloffs have now 
visited Yarleque on three separate occasions since his 
extradition to Peru.  Poloff met Yarleque on arrival in Peru 
December 28, 2007.  Poloffs then visited Yarleque at Lima's 
Castro Castro prison on January 11 and again on March 10, 
¶2008.  On all three occasions, Yarleque appeared well and had 
no substantive complaints about his treatment.  (Note: 
Yarleque mentioned that prison conditions, including sleeping 
facilities, were uncomfortable.  End Note.) 
 
¶3. (SBU) On February 15 Pol/C and poloffs participated in a 
meeting with 17 officials from various GOP agencies and 
offices, including the Ministry of Foreign Affairs, Ministry 
of Justice, Public Ministry (a rough equivalent of the U.S. 
Attorney General), National Penitentiary Institute (INPE) and 
Peruvian National Police to explore the terms of the 
"permanent" visitation regime.  The GOP team was headed by 
Ambassador Bertha Vega Perez, Director General for Legal 
Affairs in the MFA.  Ambassador Vega reaffirmed Peru's 
commitment to protecting the fundamental human rights of 
Yarleque and all other prisoners and underscored the GOP's 
intention to fulfill its international human rights 
obligations in this and every respect.  Noting that the side 
agreement to secure Yarleque's extradition fell outside the 
formal parameters of our bilateral extradition treaty, she 
said it had not ultimately posed a problem because the GOP 
could guarantee in good faith and without hesitation that 
Yarleque's treatment would meet Peru's obligations under the 
CAT. 
 
¶4.  (SBU) Pol/C noted that the special agreement responded to 
a formal need to facilitate an extradition we agreed should 
proceed rather than to a substantive doubt about Yarleque's 
future treatment.  In fact, the USG's willingness to 
extradite him reflected our conviction that Yarleque's was 
extremely unlikely to be tortured in Peru.  Other 
participating GOP representatives echoed Ambassador Vega's 
assurances, and several proactively sought ways to facilitate 
the terms of visitation.  Public Ministry representative, 
Secilia Hinojosa Cuba , said she would offer the Public 
Ministry's services in monitoring Yarleque's treatment, if 
that would be helpful.  The GOP representatives were 
unanimous in assuring us that, because Yarleque would be 
treated according to existing laws and treaties, arranging 
for visits by U.S. Embassy officials or appropriate third 
party representatives aimed at monitoring his treatment posed 
no problem whatever.  Several GOP officials noted that the 
ICRC was accredited to perform such a function and would have 
the government's full support in doing so.  They said that 
U.S. Embassy officials would also have access to Yarleque at 
any time, subject only to prior coordination.  The general 
atmosphere was one of cooperation toward a shared purpose: 
ensuring humane treatment for prisoners and preserving the 
viability of our bilateral extradition treaty. 
 
¶5. (SBU) Prior to the multi-agency meeting, Embassy human 
rights officer met with ICRC representatives to explore the 
possibility of that organization's assuming primary 
responsibility for visiting Yarleque over the long term. 
Following the meeting, we met again with the ICRC 
representatives, who said they would have included Yarleque 
on their registry as a matter of course even without the 
USG's request (the ICRC visits all prisoners associated, on 
either side, with Peru's terrorist insurgency), and were 
committed to visiting him approximately every four months. 
ICRC representatives agreed with us and our GOP counterparts 
that Yarleque faced no credible prospect of being tortured 
while incarcerated in Peru.  They further explained that, in 
the unlikely event there was an issue or suspicion to report, 
the concern would be communicated in accordance with the 
organization's established privacy guidelines.  That is, the 
ICRC would contact the Defensoria del Pueblo (or Human Rights 
Ombudsman, an autonomous constitutional body charged with 
overseeing the state's human rights practices), which, in 
turn, would deliver the message to Embassy officers.  (Note: 
Embassy has long maintained a close professional relationship 
with the Defensora del Pueblo's office.  End Note.)  When 
poloffs explained the ICRC plan during the March 10 visit, 
Yarleque said he understood and was amenable. 
 
¶6. (SBU) Peru's human rights situation has improved markedly 
since terrorism was contained in the 1990s and the Fujimori 
era ended in 2000.  In that sense, earlier references to 
torture in the Department's annual Human Rights report 
reflected past realities while increasingly misrepresenting 
the evolving truth.  This misrepresentation has since been 
corrected.  According to the Department's 2007 Human Rights 
Report, "There were no credible reports of torture during the 
year."   Given this fact, the high-profile nature of the 
case, and the government's manifest commitment to meetings 
its human rights obligations in this connection, allowing the 
ICRC take the lead on visiting Yarleque over the long term, 
while leaving open the option of a U.S. Embassy officer 
visiting at any time, as necessary, is a win-win solution. 
MCKINLEY