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DE RUEHZP #0623/01 2102050
ZNY CCCCC ZZH
R 282050Z JUL 08
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 2344
INFO RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RHMFISS/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFISS/COMDT COGARD WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC

C O N F I D E N T I A L PANAMA 000623 
 
SIPDIS 
 
STATE FOR WHA/CEN, L/LEI, L/WHA, AND L/OES 
 
E.O. 12958: DECL: 07/24/2018 
TAGS: KTIA PREL PGOV KJUS PBTS PHSA SNAR
SUBJECT: GOP "DEEPLY CONCERNED" ABOUT US ARREST OF 
PANAMANIAN SAILORS IN 2006 
 
Classified By: POLCOUNS BRIAN R. NARANJO.  REASONS:  1.4 (B) AND (D) 
 
¶1. (U) This is an action request; see para 8. 
 
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Summary 
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¶2. (C) The Ministry of Foreign Affairs (MFA) is "deeply 
concerned" about the situation of eight imprisoned Panamanian 
citizens who were arrested at sea and brought to the U.S. in 
2006 after the Panamanian flagged ship M/V PERSEUS V that was 
stopped and boarded and found to contain a large shipment of 
cocaine. Post received a Dip Note from the MFA on October 24, 
2007 (see para 10 for text) stating that the convictions of 
these men was due to "serious faults in the implementation" 
of the Salas-Becker Maritime Cooperation Agreement (SBA). The 
USG had requested GOP permission to board the ship in 
international waters under the SBA, and proceeded to seize 
the ship, cargo and crew. However, Panamanian law 
specifically prohibits the extradition of Panamanian 
citizens, and the GOP denies ever having authorized it. Post 
received a second DipNote on July 17, 2008, asking for a 
response to the first one (see para 11 for text). The issue 
is now becoming an internal political issue in Panama. Post 
recommends that the Department respond to the MFA by noting 
the judicial cases are closed, but propose that existing 
prisoner exchange mechanism such as a bilateral agreement or 
the Strasbourg Convention could be used to return the 
Panamanians to Panama to complete service of their sentences. 
 Post also recommends that U.S. offer to consult with Panama, 
as provided for but never implemented in the Salas-Becker 
Agreement.  End Summary. 
 
--------------- 
Deepest Concern 
--------------- 
 
¶3.  (SBU)  The MFA sent a first-peson diplomatic note to post 
on October 24, 2007 signed by First VP and FM Samuel Lewis. 
The DipNote referred to eight Panamanian sailors who were 
seized by the U.S. Coast Guard (CG) in January 2006 aboard 
the Panamanian flagged ship M/V PERSEUS V. The Coast Guard 
had requested permission from the GOP to board and search the 
ship under the Salas-Becker Maritime Cooperative Agreement 
(SBA) between the U.S. and Panama that allows each country to 
decline jurisdiction over its ships in international waters 
to the other. The Panamanians granted permission for the 
search, and the Coast Guard found a major shipment of cocaine 
on board. The sailors were arrested, taken to the U.S., tried 
and convicted. All are now serving prison sentences. 
 
¶4.  (SBU)  Lewis' DipNote stated that the SBA was restricted 
by the Constitution and laws of each side, and noted that the 
laws of Panama did not allow extradition of Panamanian 
citizens. He further claimed that the USG never sought 
confirmation of Panamanian agreement to the boarding, which 
was given orally by the then head of the Panamanian National 
Maritime Service (SMN) to Post's Coast Guard Liaison Officer. 
(Note: The then-Director of the SMN, Ricardo Traad, was 
arrested in 2007 on charges related to Perseus V case as well 
as charges concerning money laundering, drug trafficking and 
other crimes. End Note) Lewis expressed his "deepest concern" 
for the legitimacy of the judicial actions against the 
Panamanians, given the alleged violation of the SBA that led 
to their being taken to the U.S.  Privately, GOP contacts 
have complained that Traad never had the authority to decline 
jurisdiction under the Salas-Becker Agreement (see para 10 
for text).  On July 17, 2008, Post received a second DipNote 
(see para 11 for text) from the MFA, requesting an official 
response to the first note. . 
 
------------------------ 
Lewis Raises with Charge 
------------------------ 
 
¶5. (C)  For political reasons, Lewis told Charge on July 18 
that the U.S. and Panama needed to put the M/V PERSEUS V 
matter to rest.  MFA Senior Advisor Adolfo Ahumada proposed 
that the U.S. respond to the notes with the following 
formula: (a) the judicial process against these Panamanian 
 
sailors is closed; (b) the bilateral prisoner transfer treaty 
may provide a mechanism for these prisoners to request their 
transfer to Panama to serve out their sentences; and (c) the 
USG would be willing to consult with the GOP to clarify 
procedures, as provided for under the Salas-Becker Agreement, 
to enhance maritime coordination and cooperation. 
 
--------------------------------------- 
Former Legal Advisor: "No Good Way Out" 
--------------------------------------- 
 
¶6. (C) "The way in which the PERSEUS V case was handled was a 
disaster all-around, a perfect example how not to implement 
Salas-Becker," former MFA Legal Advisor Iana Quadri told 
POLCOUNS and CGATT on July 24.  She concurred that the MFA 
was looking for the best resolution so that the matter could 
be put behind it politically.  "The lawyers for the families 
have no interest in these sailors.  They're interested in 
advancing their nationalist, sovereigntist agenda," Quadri 
explained.  Quadri felt that Ahumada's formula would provide 
such a solution.  She cautioned, however, that Panama had not 
used the bilateral prisoner exchange treaty as a mechanism to 
return its prisoners to Panama as the bilateral agreement did 
not allow for sentences handed down by U.S. judges to be 
reduced to the maximum allowed under Panamanian law for 
similar crimes.  Therefore, she said that Panama normally 
relied on the Strasbourg Convention.  Quadri also explained 
that the Salas-Becker Agreement also called for consultations 
on implementation of the agreement.  According to her, no 
such consulations have ever been held.  Furthermore, no 
agreed upon operational procedures for implementing 
Salas-Becker had ever been developed internally within the 
GOP or agreed upon with the USG. 
 
¶7.  (C)  In an effort to look forward and put the Perseus V 
case to rest, Quadri said she thought consultations would be 
a good idea.  Prior to departing the MFA in February, Quadri 
convened GOP stakeholders from the MFA, the Ministry of the 
Government and Justice, the Council for Public Security and 
National Defense (CSPDN -- an NSC-equivalent), the National 
Maritime Service (SMN), the National Air Service (SAN) and 
the Attorney General's Office to reach agreement on internal 
GOP procedures and to clarify who exactly had the authority 
to, for example, decline jurisdiction.  She did not know, 
however, the final results of these internal consultations 
that concluded after she departed. 
 
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Comment 
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¶8.  (C)  The M/V Perseus V case is becoming a political issue 
in Panama. National Assembly President Pedro Miguel Gonzalez 
(PMG), under federal indictment in connection with the 1992 
murder of a U.S. serviceman, has talked about challenging the 
Salas-Becker in court.  Separately, two Supreme Court 
Magistrates have told POLCOUNS that Salas-Becker is not 
unconstitutional and that they would see no reason to rule 
differently from two previous challenges to the agreement 
that upheld Salas-Beckers constitutionality.  The attorney 
for these sailors' families, Luis Barria, is the alternate 
representative (suplente) for Panamenista Party National 
Assembly Deputy Alcibades Vasquez.  Barria, a nationalist, 
through his legal actions is providing political oxygen to 
PMG, normally an ardent opponent of the Panamenista Party. 
Given the fundamental importance of the Salas-Becker to our 
counter-narcotics efforts, Post recommends that the 
Department seriously consider the formula proposed by Ahumada 
-- the judicial cases against the eight Panamanians are 
closed and cannot be reopened, prisoner exchange agreements 
between Panama and the U.S. could be used to send the 
prisoners back to Panama (provided the prisoners request to 
return) to complete their sentences, and consultations to 
enhance future cooperation should be considered -- as a way 
to resolve tihs matter.  Post understands that the U.S. Coast 
Guard has expressed an interest in consultations to clarify 
procedures under Salas-Becker. 
 
-------------- 
Action Request 
-------------- 
 
 
¶9.  (U) Post requests language and guidance to respond to 
these diplomatic notes. 
 
¶10.  (SBU)  Unofficial Translation of First Diplomatic Note: 
 
"Republic of Panama 
Panama, R. of P. 
 
Ministry of Foreign Relations 
Office of the Minister          October 24, 2007 
 
D.M.No.2475/A.J. 
 
 
To His Excellency 
William Eaton 
Ambassador of the United States of America 
Panama City 
 
Mr. Ambassador: 
 
     I have the honor of addressing Your Excellency on the 
occasion of referring to the case of the Panamanian citizens 
detained on board of the Panamanian flagged ship Perseus V. 
 
     As Your Excellency is aware, the ship PERSEUS V was 
boarded and searched in international waters by members of 
the United States of America's Coast Guard, under the terms 
of the Salas-Becker Agreement. The said boarding resulted in 
the discovery of an important shipment of illicit substances 
on board the ship, which prompted the immediate arrest of the 
crew, and the confiscation of the ship and its cargo. 
 
     The Salas-Becker Agreement contains rules that regulate 
cases that affect ships that are registered or flagged in 
Panama or the United States that are located in international 
waters. 
 
     These rules establish, inter alia, the possibility that 
one of the Parties declines its corresponding jurisdiction in 
favor of the other, with respect to the shipment, the persons 
on board the ship and the ship itself. This possibility is 
subject to the Constitution and the laws of Panama or of the 
United States of America permitting it to decline said 
jurisdiction. 
 
     In this case, the handing over of persons on board the 
Panamanian ship was subject to the Constitution and laws of 
Panama. As you are aware, these  rules expressly prohibit the 
handing over of Panamanian nationals to foreign 
jurisdictions. This is an indeclinable principle that forms a 
part of the constitutional tradition of the Republic of 
Panama. 
 
     For this reason, Mr. Ambassador, I must inform you that 
the authorization that the United States received from the 
(Panamanian) National Maritime Service, verbally confirmed by 
the then Director General of the National Maritime Service, 
was strictly limited to the boarding of the ship and could 
not be interpreted as an authorization to transfer the 
Panamanian citizens on board of PERSEUS V to the United 
States. 
 
     In addition to the above, I must highlight that, once 
the United States Government received the communication dated 
January 13, 2006, it should have complied with the procedure 
for confirmation through diplomatic channels established in 
Article XI (5) of the mentioned Agreement, requirement that 
in this case was totally ignored. 
 
     Taking into account the existence of serious faults in 
the implementation of the procedures of the Salas-Becker 
Agreement in the case of the ship PERSEUS V, I kindly request 
that you transmit to the Illustrious Government of the United 
States of America my deepest concern with respect to the 
legitimacy of the judicial processes that the courts of your 
country have carried out against the Panamanian citizens 
CARLOS ANTONIO VERGARA DOMINGUEZ, ENRIQE ELIOTT PINILLA, 
HERMOGENES OBERTO FERNANDEZ, LEBY HUMBERTO LAME AVILA, 
OLDEMAR ROLDAN SAMUDIO, LUIS ALBERTO PENALBA SILGADO, ROGELIO 
 
CARVAJAL SANCHEZ, AND REINALDO JESUS SANTOS URREA. 
 
     From the circumstances that surround the transfer of 
these Panamanian citizens it can be deduced that it was not 
carried out in accordance with the rules included in the 
Salas-Becker Agreement, since the Panamanian State did not 
confirm and much less consented to the transfer of those 
referred to above. 
 
     I take this opportunity to reiterate to Your Excellency 
the assurances of y highest consideration. 
 
     /signed/ 
     SAMUEL LUIS NAVARRO 
     First Vice-President 
     Minister of Foreign Relations" 
 
END TEXT 
 
¶11.  (SBU)  Unofficial Translation of Second Diplomatic Note: 
 
"REPUBLIC OF PANAMA 
Ministry of Foreign Relations 
Panama 4 Panama 
 
N/V A.J No. 1745 
 
    The Ministry of Foreign Relations - Directorate General 
of Legal Affairs and Treaties - has the honor of addressing 
the Honorable Embassy of the United States of America on the 
occasion of referring to Panamanian citizens CARLOS ANTONIO 
VERGARA DOMINGUEZ, ENRIQE ELIOTT PINILLA, HERMOGENES OBERTO 
FERNANDEZ, LEBY HUMBERTO ALME AVILA, OLDEMAR ROLDAN SAMUDIO, 
LUIS ALBERTO PENALBA SILGADO, ROGELIO CARVAJAL SANCHEZ, AND 
REINALDO JESUS SANTOS URREA, who were detained on board of 
the PERSEUS V ship. 
 
     The Ministry of Foreign Relations - Directorate General 
of Legal Affairs and Treaties - in this regard, would like to 
reiterate to the Honorable Embassy of the United States of 
America the content of Note D.M. No.2475/A.J. of October 24, 
2007, referring to the case of the mentioned Panamanian 
citizens, since as of this date no response had been received 
on this note. 
 
     The Ministry of Foreign Relations - Directorate General 
of Legal Affairs and Treaties - in this regard, considers 
appropriate to request the Honorable Embassy of the United 
States of America to inform the Ministry if there is any 
statement from its High Authorities on the content of the 
said communication (note) and if there is not any, reiterates 
to the Illustrious Government the interest of the Republic of 
Panama to reach a prompt solution to the situation faced by 
the above-indicated Panamanian citizens. 
 
     The Ministry of Foreign Relations - Directorate General 
of Legal Affairs and Treaties -  regarding the above, sends a 
copy of the above-mentioned note to the Honorable Embassy of 
the United States of America. 
 
     The Ministry of Foreign Relations - Directorate General 
of Legal Affairs and Treaties -  takes this opportunity to 
reiterate to the Honorable Embassy of the United States of 
America, the assurances of its highest consideration. 
 
Panama, July 9, 2008 
 
To the Honorable 
Embassy of the United States of America 
Panama City" 
 
END TEXT 
MESA