Corrupci¨®n en Guatemala
Cable de EE UU en el que Castresana explica que teme por la vida del expresidente Alfonso Portillo, juzgado por corrupci¨®n
El fiscal espa?ol explica que una mafia de exmilitares implicados en malversaci¨®n de fondos podr¨ªa intentar asesinarle para que no les delate
| ID: | 245649 |
| Date: | 2010-01-27 00:12:00 |
| Origin: | 10GUATEMALA27 |
| Source: | Embassy Guatemala |
| Classification: | CONFIDENTIAL |
| Dunno: | ? |
| Destination: | VZCZCXYZ0264 OO RUEHWEB DE RUEHGT #0027/01 0270012 ZNY CCCCC ZZH O 270012Z JAN 10 FM AMEMBASSY GUATEMALA TO RUEHC/SECSTATE WASHDC IMMEDIATE 0850 INFO WHA CENTRAL AMERICAN COLLECTIVE IMMEDIATE RHEFDIA/DIA WASHINGTON DC IMMEDIATE RHMFISS/CDR USSOUTHCOM MIAMI FL IMMEDIATE RHMFISS/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0071 RUCNFB/FBI WASHINGTON DC IMMEDIATE RUEABND/DEA HQS WASHINGTON DC IMMEDIATE RUEAIIA/CIA WASHINGTON DC IMMEDIATE RUEHME/AMEMBASSY MEXICO IMMEDIATE |
C O N F I D E N T I A L GUATEMALA 000027 SIPDIS E.O. 12958: DECL: 2020/01/26 TAGS: PGOV, KCRM, ASEC, SNAR, PREL, PINR, GT SUBJECT: Former President Portillo Captured, Refuses Extradition CLASSIFIED BY: Drew G. Blakeney, Political and Economic Counselor, State, P/E; REASON: 1.4(B), (D) 1. (C) Summary. Former Guatemalan President Alfonso Portillo, indicted in the U.S. on money laundering charges and a fugitive from justice, was captured Jan. 26 as he was about to flee to Belize. The capture was the result of a joint operation involving CICIG, the Attorney General's Office, the Army, and the Police. The NAS helicopters provided critical support by ensuring that Portillo was brought before a judge in the capital within the six-hour constitutional limit. CICIG told Portillo he had the option of accepting an expedited proceeding that would lead to his quick extradition to safety in the U.S. Portillo refused, saying he preferred to face justice in Guatemala. Portillo's arrest is a powerful message for Guatemalans that no one is above the law. End Summary. 2. (C) Following former Guatemalan President Alfonso Portillo's indictment in the Southern District of New York on money laundering charges, and the USG's request for Portillo's provisional arrest, authorities conducted several unsuccessful raids in eastern Guatemala Jan. 23-25 to apprehend him. However, Portillo was captured Jan. 26 in a joint operation led by the International Commission Against Impunity in Guatemala (CICIG) that included the Attorney General's Office, Army, and National Civilian Police (PNC). NAS helicopters transported Portillo from his location on the coast to Guatemala City; had the NAS helos not been available, Portillo would have had to be arraigned before a local judge. CICIG Commissioner Castresana briefed the Ambassador, DCM, and Pol/Econ Counselor on the afternoon of Jan. 26, and said investigators had traced Portillo through six safe houses to a house near Punta Manabique, on the tip of the Amatique Bay Peninsula, a short boat ride from Belize. Castresana said Portillo was just minutes away from fleeing to Belize. Portillo's state-funded bodyguard had nearly spirited him to safety, but a source close to Portillo led CICIG and police to him. Portillo likely would have been captured earlier were it not for a leak(s) from a state source, though it was not clear whether the leak came from, Castresana said. 3. (C) Castresana said immediately following his apprehension, Portillo was presented a choice: The Attorney General's Office and co-plaintiff CICIG could offer him a reduced sentence in Guatemala for his embezzlement of state funds during his presidency (which would require him to return 3 million Euros CICIG discovered in the Portillo Family's European accounts), followed by immediate extradition to the U.S. to face money laundering charges, which could carry a 10-20 year prison sentence. The USG now has 40 days to present its extradition request. Portillo's other choice would be to remain in detention at Guatemala City's dangerous Zone 18 Prison as he contested Guatemalan criminal charges as well as extradition to the U.S. Castresana said Portillo's life could be at risk if he chooses to remain in Guatemala. A powerful group of former senior military officers known collectively as "The Brotherhood" ("La Cofradia," suspected of narcotrafficking and other crimes), who colluded with then-President Portillo to embezzle millions from the state, might seek to murder him in order to ensure he does not collaborate with Guatemalan or U.S. authorities. Castresana said Portillo had immediately rejected voluntary extradition to the U.S., saying he would make his case in Guatemala. This tracks with earlier statements made by Portillo's lawyer, Telesforo Guerra. Castresana thought Portillo's appeals could take as much as two years to resolve, during which time he might escape from prison. He thought, however, there was no chance that Portillo could escape in the immediate future given CICIG and state preventive measures as well as intense media scrutiny. 4. (C) Castresana told the Ambassador that, as a fugitive from justice, Portillo is now barred from seeking public office. (Comment: Several small parties with constituencies in Portillo's home district in eastern Guatemala were interested in running him for Congress in Fall 2011; election to Congress would have conferred immunity from criminal prosecution. End Comment.) He offered that President Colom had been helpful throughout the course of the investigation, and said he thought Colom had little to fear from Portillo's arrest. Castresana said he believed that Portillo had provided funds to the (unsuccessful) Colom presidential campaign in 2003, but that the use of Carlos Quintanilla, the now-disgraced former head of presidential security, as an intermediary effectively protected Colom. He also observed that former Minister of Government Raul Velasquez, who like Portillo is from eastern Guatemala, is a Portillo follower and had delivered messages from Portillo to President Colom as recently as December. Velasquez is unreliable in general, Castresana opined, but is especially so where Portillo is concerned. 5. (C) Comment. Portillo's capture is a major victory for CICIG, the USG, the Attorney General's Office, and for the rule of law in general. It is a powerful message that no one is above the law, even ex-presidents, and that actions have consequences. It also punctures the myth that the powerful can always escape justice. It is, however, a victory that Portillo and criminal gangs will seek to overturn. Portillo's first response to CICIG was that he would fight extradition in Guatemalan courts, though it is possible that the risks associated with incarceration here will eventually persuade him to change his mind. The powerful group of former military officers known as "La Cofradia" will certainly feel threatened by Portillo's arrest. We agree with Castresana that they might violently retaliate against a high-profile target or targets, such as the Guatemalan prosecutor handling the case (Eunice Mendizabal), or CICIG staff. The Embassy will remain vigilant, and will continue its joint efforts with CICIG. MCFARLAND |
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