C O N F I D E N T I A L GUATEMALA 001673
SIPDIS
E.O. 12958: DECL: 06/23/2013
TAGS: SNAR, KJUS, PGOV, PREL, PINR, GT
SUBJECT: KEEPING NARCOTICS TRAFFICKERS FROM BEING RELEASED BY CORRUPT JUDGES
Classified By: A/DCM DAVID LINDWALL FOR REASON 1.5 (D).

1. (C) Summary:  The Ambassador met with Attorney General de Leon and with
Foreign Minister Gutierrez to raise, inter alia, our concerns that an
irregular change of judges presiding over the case of major narcotics
trafficker Otto Herrera's organization could be the prelude to releasing
the defendants in the case.  Both officials subsequently informed the
Ambassador that President Portillo had weighed-in with the Supreme Court
(as did de Leon) to get deeply involved in the Herrera case so that the
presiding judge would not be able to mishandle it in favor of the
narcotraffickers.  End summary.

2. (C) The Embassy learned in early June that judge Felix Eliseo Garcia
Arenas (widely viewed as an honest judge) who had been presiding over the
case of Byron Linares (second in command of the Otto Herrera
narcotraficking organization) and two Colombian defendants in a $14
million money laundering case involving the Herrera organization, had been
replaced by judge Luis Alfredo Morales Lopez through an irregular
procedure.  Morales was the judge who released from jail a number of
allegedly corrupt figures with close ties to President Portillo --
including banker Alvarado McDonald.  At the same time DEA began picking up
information that alleged trafficker Linares was informing his business
associates that he would soon be released from jail.

3. (C) In meetings with Attorney General Carlos de Leon on June 19 and
with Foreign Minister Edgar Gutierrez on June 24 the Ambassador raised our
concerns that the irregular switching of judges in this important case and
judge Morales's track record of releasing well known criminals from jail
could lead to the release from prison of Byron Linares and the two
Colombian defendants in the money laundering case against the Otto Herrera
narcotrafficking organization.  The Ambassador noted that we view the
ongoing case against the Herrera organization as being emblematic of the
GOG's ability to prosecute major narcotics traffickers, and any irregular
action by a judge to release the defendants in this case would be a severe
blow to the war against drugs in Guatemala.

He urged the senior GOG officials to weigh-in with the Supreme Court to
ensure that they are vigilant and that this case will not be mishandled.

4. (C) Attorney General de Leon and Foreign Minister Gutierrez, after
discussing the matter with President Portillo and members of the Court,
assured the Ambassador that the President of the Supreme Court had been
apprised by President Portillo, and, separately, by de Leon, of the
potential problem, and had guaranteed that the full court would be made
aware of the situation and would follow the case closely, requesting
regular updates from the presiding judge.

5. (C) Comment: The high court did not offer an explanation for why the
judges in this important case had been switched, nor did it offer to
return the case to the original judge. However, everyone from President
Portillo on down is now aware that the Embassy is following the case
closely, and it is encouraging that the Attorney General, Foreign Minister
and President all jumped on it when it was brought to their attention.
HAMILTON