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DE RUEHZP #0088/01 0292137
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RUEHSJ/AMEMBASSY SAN JOSE 1978
RUEABND/DEA WASHDC
RUCNFB/FBI WASHINGTON DC
RHMFISS/DEPT OF JUSTICE WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
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RUEKJCS/SECDEF WASHDC

C O N F I D E N T I A L PANAMA 000088 
 
SIPDIS 
 
E.O. 12958: DECL: 01/28/2019 
TAGS: PGOV PREL PM
SUBJECT: PANAMA TO REQUIRE NO DEATH PENALTY/LIFE 
IMPRISONMENT CERTIFICATION IN EXTRADITION CASES 
 
REF: PANAMA 00084 
 
Classified By: DCM David R. Gilmour for reasons 1.4 (d) 
 
------------------------- 
Summary and Action Request 
-------------------------- 
 
¶1.  (SBU)  Summary.  The Embassy received a dip note from the 
Panamanian MFA on January 7 stating that the Attorney 
General's Office had decided to require a declaration of 
certificate in extradition cases on charges that might lead 
to a sentence of death or life imprisonment that these 
penalties would not/not be applied to the extradited 
individual. The note states that the aim of this requirement 
is to avoid delays in processing extradition requests, and to 
assure that such extraditions conform to Panamanian 
legislation, and to prevent future appeals against such 
extraditions on the grounds that they violate Panamanian law. 
End Summary 
 
¶2.  (SBU)  Action Request: Post requests guidance for 
response if appropriate. 
 
--------------------------------- 
Unofficial Translation of Dipnote 
--------------------------------- 
 
¶3.  (SBU)  BEGIN TEXT: 
 
 
REPUBLIC OF PANAMA 
Ministry of Foreign Relations 
----------------------------------------- 
PANAMA 4, PANAMA 
 
N/V A.J. No.34 
 
      The Ministry of Foreign Relations-Directorate General 
of Legal Affairs and Treaties-has the honor to address the 
Honorable Embassy of the United States of America, on the 
occasion of referring to the Implementation of the Bilateral 
Extradition Treaty, signed by both States in 1904. 
 
      The Ministry of Foreign Relations-Directorate General 
of Legal Affairs and Treaties-in this regard, would like to 
inform the Honorable Embassy of the United States of America 
that in meetings held with the Attorney General's Office, it 
has expressed its concern about the need for the extradition 
requests filed by your (sic) illustrious Government to be 
enclosed with the corresponding certification of non 
imposition of the death penalty or life imprisonment, since 
the Political Constitution of the Republic of Panama 
prohibits the imposition of such penalties; thus, it would 
not be able to agree to a request that would entail the 
imposition of those penalties. 
 
      The Ministry of Foreign Relations-Directorate General 
of Legal Affairs and Treaties-in this regard, would like to 
inform the Honorable Embassy of the United States of America 
that Law No.23 of December 30, 1986 on Drug Related Crimes 
and the Judicial Code, both of which regulate the extradition 
procedure in the Republic of Panama, prohibit extradition 
when the death penalty or life imprisonment may be imposed on 
the requested person. 
 
      The Ministry of Foreign Relations-Directorate General 
of Legal Affairs and Treaties-with regard to the above, would 
like to inform the Honorable Embassy of the United Sates of 
America that from now on and, when the type of penalty for 
which a person is being requested in extradition contemplates 
the possibility of applying the death penalty or life 
imprisonment, the formalization of the extradition request 
shall be enclosed with a statement or certification, by which 
there is a commitment not to impose those penalties and in 
their absence, the imposition of the immediately lower 
penalty established for that crime. 
 
      The above is being notified in order to prevent 
excessive delays in future extradition processes due to the 
submittal of these types of certifications and at the same 
 
time, to ensure that the extradition requests conform with 
what is indicated in the Panamanian internal legislation, 
with the purpose of safeguarding the result of the 
extradition process in the presence of possible legal 
recourses that may be filed by the requested persons. 
 
      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, January 7, 2009 
 
To the Honorable 
EMBASSY OF THE UNITED STATES OF AMERICA 
Panama City, Panama 
 
OAE/oae 
 
END TEXT 
 
------------------------- 
Restatement of GOP Policy 
------------------------- 
 
¶4.  (SBU)  Greta Marchosky, the head of International Affairs 
at Panama's Attorney General's office, told LEGATT January 26 
that the dipnote was just a restatement of Panamanian policy, 
and asserted that providing such certificates would help 
avoid delays. 
 
------- 
Comment 
------- 
 
¶5.  (C)  Marchosky assured Post last year, in response to an 
inquiry from DOJ, that such certificates were not/not 
necessary in cases involving life sentences. It seems likely 
that the recent quadrilateral meetings on security among 
Panama, Colombia, Mexico and Guatemala, which focused on the 
issue of extraditions among the four countries, focused A/G 
Ana Matilde Gomez on this issue and how the other countries 
deal with them, and inspired her to toughen up Panamanian 
guidance. (Reftel) 
STEPHENSON