21/7/11

78252 O N F I D E N T I A L SANTO DOMINGO 002941

C O N F I D E N T I A L SANTO DOMINGO 002941
SIPDIS
SIPDIS
DEPARTMENT FOR WHA/CAR SEARBY
E.O. 12958: DECL: 09/13/2016
TAGS: CVIS, KJUS, KCOR, DR
SUBJECT: DOMINICAN SUPREME COURT PRESIDENT SUBERO ISA
CONFIRMS CORRUPTION, COMPLEMENTS COOPERATION
Classified By: Classified by Political-Economic Counselor Michael Meigs
for reasons 1.4 (b) and (d)
1. (U) Summary. In a wide-ranging recent call by Ambassadors
Hertell and Bullen (DCM) on Jorge Subero Isa, President of
the Supreme Court of Justice (SCJ), the latter confidently
delineated plans for a further strengthening of the judicial
sector, detailed the fight against judicial corruption, and
expounded on some of the most pressing reform issues
currently facing the Dominican Republic.

2. (C) After the departure of State and USAID personnel that
had accompanied the ambassadors, Subero revealed to Hertell
and Bullen that SCJ Vice-President Rafael Luciano Pichardo
appears to be deeply involved in official corruption and is
possibly attempting to subvert the ongoing trial of
individuals implicated in the 2003 fraudulent collapse of
Banco Intercontinental (Baninter). Nevertheless, Subero
suggested that no action would be taken against Pichardo by
the Dominican government. The Embassy is investigating
whether revocation of Pichardo’s non-official visa would be
appropriate. End Summary.

——————-
I’ve Got Good News…
———————

3. (U) Subero began the meeting in a clearly expansive mood,
directly attributing the rebounding Dominican economy (GDP
growth rate of 9%) to judicial sector improvements brought
about by USAID programming. He went on to suggest that, but
for the support of the U.S. Government, there would have been
little measurable progress in the fight against judicial
corruption during the last nine years. His ultimate
conclusion was that “moral assistance” provided by the United
States is, in fact, more valuable than monetary assistance,
finding it to be of “incalculable worth.”

The Future of Dominican Justice
——————————-
4. (U) Counting on continued, extensive support from USAID,
Subero Isa laid out his plans for the future of the Dominican
justice sector. A hoped-for “second wave” of projects and
programming would include:

– The establishment of a mediation center, building on what
he termed as the great “success” of a USAID-sponsored family
mediation center in Santo Domingo. According to Subero, the
Dominican commitment to mediation is evidenced by the recent
certification of an additional 69 family mediators and is
justified by a 90% success rate for all cases currently
brought to family mediation.

– The creation of a “judicial observatory.” As previously
established in other Latin American countries, this would
provide a forum for debate by political decision-makers,
members of the judiciary, civil society, and members of the
international community regarding both public policy options
and judicial reform.

– Reorganization of the judiciary’s administrative functions
to promote transparency and efficiency. This would include
significant decentralization of the multiple powers currently
held by the SCJ President.

– The strengthening and increased utilization of the
Dominican Freedom of Information Act (Libre Acceso al
Publico) as a measure to promote transparency and counter
corruption; and

– The spread of judicial management and tracking programs
throughout the Republic (replicating a current USAID-model
program in the province of La Vega.)

5. (U) Subero also foresaw preservation of the 2004 revisions
to the Criminal Procedures Code. Subero suggested that,
despite the recent press linkage of rights guarantees for
criminal defendants and a rise in the overall crime rate, the
country’s transition to the revised Code was far less
traumatic than that experienced by other countries. He
dismissed assertions by some of a link between rights for
criminal defendants and crime, noting that pushback against
the Code is based on confusion between the concepts of
“individual security” and “individual rights.” Initial
hesitancy from members of the Dominican bar is now resolved,
according to Subero, as older attorneys, initially fearful of
competition from their younger, more nimble colleagues, have
grown more comfortable in the Code’s application.

6. (U) There was also a prediction for increased confidence
in the judiciary following the retirement of five Supreme
Court Justices in the coming four months. Subero described
this as placing the Court in a “stage of re-legitimization,”
noting that while some Justices are clearly “resisting
retirement,” it is necessary to open spaces for younger
justices. “It is healthy to have changes.”

7. (U) CAFTA-DR, too, will figure prominently in the life of
the judiciary. Accordingly, general classwork on economic
crimes/issues and specific classwork on CAFTA-DR is featured
in judicial training for all entry-level judges.

8. (U) In terms of the current debate regarding
constitutional reform, Subero was confident that reform will
ultimately occur, but was less confident that this will be a
good thing. “The problem is not the Constitution,” he
bluntly declared, suggesting that the problem instead is with
the application of existing law.

9. (U) Overall, the picture painted during this initial
meeting was of Subero as a proactive leader with a great
affinity for due process, public debate, and use of
technology in the judicial sector.

—————
And Bad News…
—————
10. (C) While the rump meeting to follow did little to take
away from this perception, it did reveal Subero’s Achilles
heel — an unwillingness to directly challenge corruption in
the highest reaches of government.

11. (C) Embassy had received, unrequested, illegal wiretaps
that appeared to be part of a smear campaign against
Pichardo, with the suggestion that others were attempting to
influence his votes at the Court. A partial transcript was
also apparently delivered to the Internet investigative
journal Clave Digital. While Pichardo’s own comments as
recorded contain nothing signaling either illegal or
judicially unethical activity, the subsequent Clave Digital
article was sufficiently damaging that Embassy thought it
prudent to ask Subero’s opinion of the affair.

12. (C) In response, Subero indicated that Pichardo had
acknowledged to him, as well as other SCJ Justices, that he
had accepted $40,000 USD from an unnamed party, but that
there was no quid pro quo, explicit or implicit. Subero
further related that two of Pichardo’s sons were also
involved in accepting large sums of money and that Pichardo
is known to have asked the judge in the Baninter criminal
trial to “have some flexibility” in regard to defense
motions.
13. (C) Subero further believes, but cannot prove, that
Baninter defense attorney and presidential advisor Vinicio
“Vincho” Castillo is attempting to orchestrate the
substitution of Pichardo for Subero at the helm of the SCJ,
in an attempt to improve the Court’s disposition toward
Baninter defendants on appeal.

14. (C) Despite Pichardo’s acknowledgment and the existence
of other indications, Subero insisted to Hertell and Bullen
that nothing could be done. His explanation: a lack of
concrete evidence of wrongdoing.

15. (C) Given what Subero has told the Embassy, embassy
officials are currently investigating whether a visa
revocation for Pichardo would be appropriate.

16. (U) Similar reporting and extensive other material can be
consulted on our SIPRNET site,

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