Letter to Secretary Clinton and Attorney General Holder on Goni extradition

Secretary of State Hillary Clinton
U.S. Department of State
2201 C Street NW
Washington, D.C. 20520

Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

May 18, 2009

Dear Secretary Clinton and Attorney General Holder,

Congratulations on your Cabinet appointments. I look forward to your efforts to bring real change in U.S. foreign policy and judicial practice. I would like to draw your attention to two important issues related to Bolivia that await responses from your offices.

First, the government of Bolivia has requested the extradition of former president Gonzalo Sanchez de Lozada and two of his ministers, Jorge Berindoague Alcocer and Carlos Sanchez Berzain. These individuals fled to the U.S. in October 2003 to avoid a legitimate legal process against them for their alleged responsibility in military actions that resulted in the death of 67 unarmed civilians and injuries to more than 400 people. It would be unacceptable to allow these men to use the U.S. as a refuge from such serious allegations. I ask that you quickly extradite Sanchez de Lozada and his former ministers to Bolivia to respond to charges against them in the legitimate legal proceedings there. Today, May 18, the Bolivian Supreme Court will begin hearing arguments against the co-defenders in this case. It is important that the U.S. extradite the fugitive defendants as soon as possible to avoid unnecessary delays in the trial.

The second and related issue is the political asylum granted to Carlos Sanchez Berzain in 2007 by the Department of Homeland Security. In his application, Sanchez Berzain falsely stated that Evo Morales proclaimed that, as president, he would “use all of his power as President to persecute and torture me [Sanchez Berzain] if I were to return to Bolivia.” Neither Berzain nor the Department of Homeland Security have been able to furnish any proof that Morales made such an unlikely statement. Sanchez Berzain also failed to report legal cases against him in Bolivia. I ask that you investigate this matter and revoke Sanchez Berzain’s political asylum if it is found that he misrepresented himself in the application.

The defendants and their supporters portray the case against Sanchez de Lozada and his ministers as a political vendetta being carried out by President Morales. But some key facts about the case dispel this myth. The case was initiated by Sanchez de Lozada’s former Vice President Carlos Mesa and ratified by a two-thirds vote in Congress that, at the time, was dominated by Sanchez de Lozada’s own political party and allies. This took place in 2004, before Morales was elected. The case does not involve only the three fugitives here in the U.S., but numerous other high civilian and military officials who are under investigation. Morales has stated repeatedly that all defendants will be properly treated and receive a fair trial.

The Bolivian people have waited far too long to bring closure to the horrible events in 2003. The U.S. should honor its extradition treaty with Bolivia just as that country has honored the treaty in the past. By extraditing Sanchez de Lozada and his former ministers, the Obama administration will show that it is serious about changing the nature of U.S. relations with Latin America. Supporting the extradition request will further the hemispheric shift toward a new level of accountability for government leaders, a strengthening of the rule of law, and an end to the impunity that has reigned for so many centuries. The recent conviction of Fujimori in Peru set a precedent by showing that former heads of state can be extradited and tried in a just manner. As Chile cooperated in the Fujimori case by extraditing him to respond to his charges in Peru, the United States should cooperate appropriately in this Bolivian case. Please do your part to see that justice is upheld.

Sincerely,

Cc:
Senator Harry Reid, Senate Majority Leader
Senator Mitch McConnell, Senate Minority Leader
Representative Nancy Pelosi, Speaker of the House
Representative John A. Boehner, House Minority Leader
Senator John Kerry, Chair, Foreign Relations Committee
Senator Richard Lugar, Ranking Member, Foreign Relations Committee
Representative Howard Berman, Chair, Foreign Affairs Committee
Representative Ileana Ros-Lehtinen, Ranking Member, Foreign Affairs Committee