ID:245649
    Date:2010-01-27 00:12:00
    Origin:10GUATEMALA27

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