VZCZCXYZ0000
RR RUEHWEB

DE RUEHZP #0332/01 1142251
ZNY CCCCC ZZH
R 242251Z APR 09
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 3314
INFO RUEHBO/AMEMBASSY BOGOTA 2792
RUEHSJ/AMEMBASSY SAN JOSE 2008
RHMFISS/DEPT OF JUSTICE WASHINGTON DC
RHMFISS/COMDT COGARD WASHINGTON DC
RUEABND/DEA WASHDC
RHMFISS/DIRJIATF SOUTH
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 000332 
 
SIPDIS 
 
E.O. 12958: DECL: 04/22/2019 
TAGS: PGOV PREL PTER SNAR PM
SUBJECT: PANAMA: THREE FARC MEMBERS HANDED OVER ON MATERIAL 
SUPPORT FOR TERRORISM CHARGES 
 
Classified By: Ambassador Barbara J. Stephenson for reasons 1.4 (b) and 
 (d) 
 
----------------- 
FARC 3 Handed Over 
------------------ 
 
¶1.  (C)  The GOP handed over three alleged FARC members to 
the U.S. April 17 for prosecution on charges of providing 
material support to a terrorist organization, the first time 
the GOP has ever agreed to material support charges as 
grounds for a hand-over. This precedent setting step is part 
of a comprehensive strategy the Embassy is developing with 
the GOP (starting with frequent talks between the Ambassador 
and President Torrijos) to rid the Darien of FARC elements 
once and for all. The three were handed over to DEA agents 
who flew them back to New York City, where they face charges 
in a Southern District of New York Federal Court. 
 
----------------------------- 
Entrega Simple Y Condicionada 
----------------------------- 
 
¶2.  (C)  The three were released to U.S. custody using the 
Panamanian legal system's "Simple and Conditional Release" 
(Entrega Simple y Condicionada) mechanism. This Panamanian 
legal mechanism allows the GOP to hand over for prosecution 
in other countries non-Panamanian suspects who are under 
arrest or sentenced to prison, and who may constitute a 
danger to Panama's security. The system is administrative, 
requiring only the approval of the President, and does not 
pass through the legal system. It is designed to quickly move 
out of the country prisoners who are able to mobilize vast 
financial or criminal resources in order to break out of 
prison. 
 
---------- 
Background 
---------- 
 
¶3.  (C)  The three guerrillas were arrested by Panamanian 
National Police (PNP) on February 22, 2008 along with three 
other alleged FARC members on a boat off the Panamanian 
village of Jaque, in the Eastern Darien province. The six 
FARC members engaged in a shoot out with PNP officers, and 
highjacked a police launch, after the PNP went to help their 
stranded vessel. Following their arrest, three of the six 
subsequently offered to cooperate with DEA investigators, and 
to provide information on drug trafficking by the 57th 
Front's second in command, Luis Fernando Mora, aka Silver." 
The GOP has told EMBOFFs from the beginning that they would 
be happy to release the three on drug trafficking charges 
(for which there is insufficient evidence), but that they 
could not release them on charges of material support to a 
terrorist organization, as that was not a crime recognized 
under Panamanian law. The GOP approached Colombian 
authorities in January about accepting the six guerrillas, 
but when request from Colombia ever came, the GOP asked us to 
take them. 
 
------- 
Comment 
------- 
 
¶4.  (C)  It is difficult to overestimate the importance of 
this move by the GOP. The negotiations have been going on for 
the last month directly between the Ambassador and VP/FM 
Samuel Lewis and President Torrijos, though the topic has 
been on our agenda with the GOP for many months. Turning the 
guerrillas over to the U.S., especially on charges of 
material support to a foreign terrorist organization, is a 
public recognition that there is a FARC presence in Panama. 
The FARC three are believed to have information that will 
help build criminal drug trafficking charges against 
Mora/Silver, number two leader of the 57th Front, and one of 
the FARC's main drug traffickers. President Torrijos is 
taking a courageous step to publicly align the GOP against 
the FARC, despite not having the security forces to directly 
confront the FARC. Post is working closely with the GOP to 
implement a comprehensive strategy to weaken the FARC, and is 
 
working on a proposal for 1207 funds to pay for parts of the 
strategy in the coming year. President Torrijos' actions will 
make it easier for the incoming Administration to move 
effectively against the FARC, and will put programs in motion 
that will be able to continue running during the chaotic 
first months of the new government. 
STEPHENSON