

Currently released so far... 12404 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
ASEC
AE
AF
AM
AR
AJ
AU
AORC
AG
AEMR
AMGT
APER
AGMT
AL
AFIN
AO
AMED
ADCO
AS
ABUD
ABLD
ASUP
ASECKFRDCVISKIRFPHUMSMIGEG
APECO
AID
AND
AMBASSADOR
AN
ARM
AY
AODE
AMG
ASCH
AMCHAMS
ARF
APCS
APEC
ASEAN
AGAO
ANET
ADPM
ACOA
ACABQ
AORL
AFFAIRS
ATRN
ACS
AFSI
AFSN
ADANA
ASIG
AA
AX
AUC
AC
AECL
AADP
AGRICULTURE
AMEX
ACAO
ACBAQ
AQ
AORG
ADM
AINF
AIT
ASEX
AGR
AROC
ATFN
AFGHANISTAN
AFU
AER
ALOW
AZ
AVERY
BA
BY
BU
BR
BE
BL
BO
BK
BM
BILAT
BH
BEXP
BF
BTIO
BC
BBSR
BMGT
BTIU
BG
BWC
BB
BD
BX
BP
BRUSSELS
BN
BIDEN
BT
CW
CH
CF
CD
CV
CVIS
CM
CE
CA
CJAN
CLINTON
CIA
CU
CASC
CI
CO
CACM
CDB
CN
CMGT
CS
CG
CBW
CIS
CR
CONDOLEEZZA
CPAS
CAN
CWC
CY
COUNTER
CDG
CL
CT
CIC
CIDA
CSW
CHR
CB
CODEL
COUNTERTERRORISM
CTR
COM
CICTE
CFED
CJUS
CKGR
CBSA
CEUDA
CARSON
CONS
CITEL
CLMT
CROS
CITT
CAC
CVR
CDC
CAPC
COPUOS
CBC
CBE
CARICOM
COE
COUNTRY
CLEARANCE
CACS
CTM
CNARC
ECON
EFIN
ETRD
EUN
EFIS
EG
ETTC
EZ
EPET
EAID
EAGR
ENRG
ECUN
EU
ELAB
ECPS
EAIR
EINV
ELTN
EWWT
EIND
EMIN
EI
ECIN
ENVR
ELECTIONS
EINVEFIN
EN
ES
ER
EC
EUC
EINT
EINVETC
ENGR
ET
EK
ENIV
ETRDEINVECINPGOVCS
ECONOMY
EAP
EFTA
EUR
EUMEM
EXIM
ERD
ENERG
EUREM
ESA
ERNG
EXTERNAL
EPA
EINVECONSENVCSJA
ECONOMICS
ELN
EINN
EFINECONCS
ENNP
EEPET
ETRDEINVTINTCS
ENVI
ETRO
ESENV
ECINECONCS
ECONOMIC
EAIDS
EDU
ETRA
ETRN
EFIM
EIAR
ETRC
EAIG
EXBS
EURN
ECIP
EREL
ECA
ENGY
ECONCS
ECONEFIN
ETC
ETRDECONWTOCS
EUNCH
EINDETRD
IR
IZ
IS
IAEA
INRB
IRAJ
IQ
IN
IT
IMO
INTERPOL
ICAO
IO
IC
ITALY
ITALIAN
IRAQI
ICTY
ID
IPR
IWC
ILC
INTELSAT
IL
IBRD
IMF
IA
IRC
ICRC
ILO
ITU
ITRA
IV
IDA
IAHRC
ICJ
ISRAELI
IRS
INMARSAT
ISRAEL
ISLAMISTS
INDO
IZPREL
ITPHUM
ITPGOV
ITF
IBET
IEFIN
INR
IACI
INTERNAL
IDP
IGAD
IEA
ICTR
IIP
INRA
INRO
IF
KJUS
KSCA
KNNP
KU
KCOR
KCRM
KDEM
KTFN
KHLS
KPAL
KWBG
KACT
KGHG
KPAO
KTIA
KIRF
KWMN
KS
KG
KZ
KN
KMDR
KISL
KSPR
KHIV
KPRP
KAWK
KR
KUNR
KDRG
KCIP
KGCC
KTIP
KSUM
KPKO
KVIR
KAWC
KPIN
KGIC
KRAD
KIPR
KOLY
KCFE
KMCA
KE
KV
KICC
KNPP
KBCT
KSEP
KFRD
KFLU
KVPR
KOCI
KBIO
KSTH
KMPI
KCRS
KOMC
KTBT
KPLS
KIRC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFLO
KBTS
KSTC
KTDB
KFSC
KX
KFTFN
KNEI
KIDE
KREC
KMRS
KICA
KPAONZ
KCGC
KSAF
KRGY
KCMR
KRVC
KVRP
KSEO
KCOM
KAID
KTEX
KNUC
KNAR
KNUP
KNNPMNUC
KLIG
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCRCM
KHDP
KGIT
KNSD
KOMS
KWMM
KPAI
KHSA
KTLA
KO
KMFO
KRCM
KCSY
KSAC
KTRD
KPWR
KID
KWNM
KRIM
KPOA
KCHG
KOM
KSCI
KFIN
KMOC
KESS
KWAC
KMIG
KSEC
KIFR
KDEMAF
KPRV
KBTR
KERG
KTER
KDDG
KPAK
KRFD
KHUM
KDEV
KCFC
KWWMN
KWMNCS
KJUST
MARR
MOPS
MU
MTCRE
MNUC
MY
MASS
MCAP
MOPPS
MAR
MPOS
MO
ML
MR
MASC
MX
MD
MP
MA
MTRE
MIL
MCC
MZ
MK
MDC
MRCRE
MAPS
MV
MI
MEPN
MAPP
MEETINGS
MAS
MTS
MLS
MILI
MTCR
MG
MC
MARAD
MIK
MILITARY
MEDIA
MEPI
MUCN
MEPP
MT
MERCOSUR
MW
MASSMNUC
MQADHAFI
NZ
NATO
NG
NI
NO
NATIONAL
NU
NPT
NIPP
NL
NPG
NS
NA
NGO
NP
NSG
NDP
NAFTA
NR
NC
NH
NE
NSF
NPA
NK
NSSP
NRR
NATOPREL
NSC
NT
NW
NORAD
NEW
NV
NSFO
NAR
NASA
NZUS
OTRA
OVIP
OPRC
OPDC
OSCE
OAS
ODIP
OIIP
OFDP
OVP
OREP
OFFICIALS
OSAC
OEXC
OPCW
OIE
OIC
OFDA
OSCI
OPIC
OBSP
OECD
ON
OCII
OHUM
OES
OCS
OMIG
OPAD
OTR
PGOV
PREL
PHUM
PINR
PTER
PSOE
PINS
PARM
PK
PBTS
PEPR
PM
POLITICAL
PARTIES
PREF
PBIO
PROP
PA
PSI
PINT
PO
PKFK
PL
PAK
PE
POLITICS
PINL
POL
PHSA
PU
PF
POV
PFOR
PHALANAGE
PARTY
PARMS
PRGOV
PNAT
POLINT
PRAM
PMAR
PG
PAO
PROG
PRELP
PPA
PCUL
PSEPC
PSA
PREO
PAHO
PGIV
PREFA
PALESTINIAN
PAIGH
POSTS
PTBS
PGOVLO
PORG
PGOVE
PLN
PINF
PAS
PUNE
POLICY
PDEM
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PHUMPGOV
PMIL
PNG
PP
PS
PHUH
PECON
POGOV
PY
PHUMPREL
PHUS
PRL
PGOC
PNR
PGGV
PROV
PTERE
PGOF
PHUMBA
PEL
RS
RU
RW
REGION
RP
RICE
ROBERT
RSP
RUPREL
RM
RO
RCMP
RSO
RELATIONS
REACTION
REPORT
RIGHTS
ROOD
RF
RFE
RIGHTSPOLMIL
SP
SA
SY
SF
SYR
SENV
SCUL
SOCI
SNAR
SO
SU
SG
STEINBERG
SHUM
SW
SMIG
SR
SZ
SIPRS
SI
SAARC
SPCE
SARS
SN
SYRIA
SANC
SL
SCRS
SC
SENVKGHG
SAN
SNARCS
SHI
SWE
SNARIZ
SIPDIS
SEN
SNARN
SPCVIS
SEVN
SSA
SH
SOFA
SK
ST
TPHY
TU
TRGY
TI
TX
TS
TW
TC
TFIN
TD
TSPA
TH
TT
TIP
TBIO
TSPL
TZ
TERRORISM
TRSY
TN
THPY
TINT
TF
TL
TV
TK
TO
TP
TURKEY
TNGD
TBID
TAGS
TR
UP
US
UNSC
UK
UZ
UE
UNESCO
UV
UNGA
UN
UNMIK
UNO
UY
UAE
UNEP
UG
UNHCR
UNHRC
USUN
UNAUS
USTR
USNC
USOAS
UNCHR
UNCSD
UNDP
USEU
USPS
UNDC
UNDESCO
UNCHC
UNFICYP
UNC
UNODC
UNPUOS
UNCND
UNICEF
UNCHS
UNVIE
USAID
UNIDROIT
Browse by classification
Community resources
courage is contagious
Viewing cable 08SANJOSE695, COSTA RICA GRANTS REFUGEE STATUS TO CHERE LYN TOMAYKO; MAY
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #08SANJOSE695.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08SANJOSE695 | 2008-08-26 21:09 | 2011-03-18 21:09 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy San Jose |
Appears in these articles: http://www.nacion.com/2011-03-18/Investigacion/NotasSecundarias/Investigacion2716690.aspx http://www.nacion.com/2011-03-18/Investigacion/NotasSecundarias/Investigacion2716698.aspx |
VZCZCXYZ0000
RR RUEHWEB
DE RUEHSJ #0695/01 2392110
ZNR UUUUU ZZH
R 262110Z AUG 08
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 0037
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
UNCLAS SAN JOSE 000695
SIPDIS
SENSITIVE
DEPT FOR WHA/CEN PRM, DRL, CA and DS/CR/CIL; DOJ for OIA; Panama for
LEGAT
E.O. 12958: N/A
TAGS: CASC ASEC PREL PGOV PREF PHUM CS
SUBJECT: COSTA RICA GRANTS REFUGEE STATUS TO CHERE LYN TOMAYKO; MAY
SET PRECEDENT FOR FUTURE CLAIMS
REF: A. San Jose 524
¶B. 07 San Jose 1746
¶C. 07 San Jose 1604
¶1. (SBU) SUMMARY: In an unprecedented move that may have long term
repercussions, Minister of Public Security Del Vecchio granted U.S.
fugitive, Chere Lyn Tomayko, refugee status on July 23, thereby
halting her extradition to the U.S. Tomayko, wanted in Texas to
answer to international child abduction charges, claimed (without
substantiation) that she was a victim of domestic violence and that
the U.S. legal system would be unable to protect her from future
violence if she were extradited. Manipulating the Costa Rican media
and playing to Costa Rica's self-image as a protector of human
rights, Tomayko and her team of supporters were able to persuade Del
Vecchio to confer refugee status even before the Supreme Court had
issued its ruling on Tomayko's extradition. In doing so, the
Minister unilaterally contradicted the long standing extradition
treaty between Costa Rica and the U.S., and opened the GOCR to a
possible avalanche of spurious refugee status requests. The
following is our wrap-up on this case, for the record. END
SUMMARY.
----------
THE ARREST
----------
¶2. (SBU) Tomayko has been wanted since 2000 under a federal
indictment for parental child abduction. She fled to Costa Rica in
1997 with her daughter Alexandria after a protracted custody battle
with the father of the child, Amcit Roger Cyprian. Of note, during
the battle, Tomayko did not allege any domestic violence; she first
raised the issue just before she received refugee status in July
2008, and there is no record of prior domestic violence complaints
against Cyprian. A provisional warrant was obtained when she was
located in the summer of 2007, and she was arrested by Costa Rican
authorities in September 2007 (Refs. A-C). Soon after her arrest
and the start of extradition proceedings, Tomayko and her team of
supporters went into high gear to block her return to the U.S.
----------------------------------------
THE MARRIAGE (TO A COSTA RICAN NATIONAL)
----------------------------------------
¶3. (SBU) Tomayko first attempted to avoid extradition by marrying
her live-in Costa Rican partner (and father of two of her children).
The Costa Rican constitution forbids the extradition of Costa Rican
citizens and an expedited naturalization process exists for the
spouses of Costa Ricans. Marriage is thus often used by individuals
in extremis wishing to avoid having to leave the country. Tomayko
and her partner, after a courtship of five plus years and the birth
of two children, were married inside her prison in April 2008.
However, as the extradition treaty between Costa Rica and the U.S.
stipulates that naturalization proceedings for fugitives must be
suspended while requests for extradition are pending, Tomayko's
position was still insecure.
---------------
THE ALLEGATIONS
---------------
¶4. (SBU) Then, Tomayko shared her story widely and publicly,
building a coalition to help her avoid extradition. With the help
of her legal team, she gained the ear of several sympathetic
governmental and non-governmental groups, including the Public
Defender's Office, the National Women's Institute (Spanish acronym
INAMU), and the Ombudsman's Office of the GOCR. Local media helped
by painting the extradition request as a callous move which would
"separate an abused mother from her children." To all the parties
involved, Tomayko repeated her unsubstantiated allegations of
domestic violence suffered at the hands of Cyprian and her fear that
she and her daughter would be in danger if they were returned to the
U.S.
¶5. (U) NOTE: Tomayko's case already had enjoyed some notoriety in
the local media. This was due to expatriate media outlets
(ironically) claiming that the U.S. Embassy had "protected" Tomayko
from Cyprian since 2002 by allegedly dragging its feet in passing
information to the FBI regarding Tomayko's whereabouts. These
allegations are untrue. END NOTE.
----------------------
THE REQUEST FOR REFUGE
----------------------
¶6. (SBU) Having put together her strategy and her team, Tomayko
formally requested refugee status from the Immigration Director.
However, the Director was unwilling to act on unsubstantiated
allegations of abuse or the idea that the U.S. legal system was
unable to protect her. Finding no legal basis under Costa Rican law
or international law for granting her request, the Director refused
her application and a subsequent appeal.
--------------
THE FINAL PUSH
--------------
¶7. (SBU) With her scheduled July 17, 2008, extradition date drawing
near, Tomayko and her team filed three habeas corpus petitions to
the Supreme Court, postponing her extradition until the Court could
rule. Regrettably, a carnival-like atmosphere prevailed as her
family, supporters, and the Costa Rican media set up shop outside
the prison where she was being held. Meanwhile, more and more
pressure was brought to bear on Minister Janina Del Vecchio to
overrule the Director of Immigration (who reports to her) and grant
refugee status.
¶8. (SBU) Tomayko and her supporters continued to use the domestic
violence issue to portray her and her daughter as victims being
punished unfairly by the U.S. judicial system. None of Tomayko's
supporters questioned the lack of evidence of domestic violence at
the hands of ex-partner Cyprian. Del Vecchio herself acknowledged
to reporters that no inquires were made to the federal judge in
Texas who originally handled the child custody case, to the FBI, or
to any other U.S. authority to verify the abuse allegations, and
offers of assistance from the U.S. Embassy to help establish the
facts were ignored.
¶9. (U) On July 21, the Embassy sent a Diplomatic Note (our third on
the Tomayko case since August 2007) reiterating that there were no
allegations of domestic abuse against Cyprian, and that he had no
police or criminal record. The Note also stressed that Tomayko
could present her arguments before the appropriate U.S. court, and
that there were many legal and social organizations in the U.S. that
could provide protection against domestic violence or abuse, if any
were proven. The Note expressed our concern about the implications
from the habeas corpus petitions which could (if accepted) make
Costa Rica a safehaven for law breakers from other countries.
Finally, the Note reminded the GOCR that per our bilateral
extradition treaty, naturalization proceedings should be suspended
until any related extradition request had been adjudicated. (Note
No. 123 emailed to WHA/CEN on August 18.)
-----------------------
THE UNILATERAL DECISION
-----------------------
¶10. (SBU) On July 23, with the expected Supreme Court ruling just
days away, Del Vecchio held a press conference to announce that she
was granting refugee status to Tomayko in order to protect her human
rights. Del Vecchio implied that Costa Rica "had" to take this
action because 1) it was their duty as a world leader in the
protection of human rights; and 2) the U.S. legal system would not,
or could not, protect Tomayko from her ex-partner. Little thought
was given to the rights of the left-behind parent, Roger Cyprian, or
the arguments presented in our Diplomatic Note. In fact, during a
phone conversation earlier that day on the Tomayko case, Del Vecchio
gave the DCM no hint of what she planned to do.
¶11. (SBU) Del Vecchio held firm when the Ambassador and DCM met with
her and Vice Minister Ana Duran on July 24. The Ambassador and DCM
expressed USG disappointment with her ruling, and concern about the
damaging precedent it could set for Costa Rica. Del Vecchio stood
by her decision (and her right as Minister, to act unilaterally,
without consulting more widely in the government). She maintained,
as she had said in her press conference, that the Tomayko ruling was
a "one-time decision".
¶12. (SBU) Late on July 24, the Embassy issued a strongly-worded
statement echoing what the Ambassador and DCM had told the Minister
in private, i.e., expressing disappointment in the Minister's
decision, defending U.S. commitment to human rights, and raising
concern about the implications of the legal precedent being set
(text forwarded to WHA that day). However, the die was cast. Given
the Minister's decision, the Supreme Court ruled on July 25 that
Tomayko could not be extradited as a refugee and she was freed. On
July 26, even President Arias was applauding the decision as a
"sovereign" act to "protect human rights," while supportive
commentators were noting the "historic" nature of the decision.
-------------------------------
COMMENT: A DANGEROUS PRECEDENT?
-------------------------------
¶13. (SBU) Despite the legal arguments, Del Vecchio made a clearly
political decision, which resonated with the Costa Rican body
politic, including the President. In a later conversation with the
Ambassador, Del Vecchio made it clear she had strong personal
reasons to be receptive to Tomayko's concerns. However, as some
Costa Rican legal commentators have already noted (and as MFA staff
have worried to us in private), her ruling may have set a dangerous
precedent, leading to spurious refugee claims in the future. (In
fact, in another child abduction case, Amcit Nicole Kater has filed
a refugee claim here on behalf of her daughter, Tierra Kater-Gehl,
to prevent Tierra's father from returning the girl to the United
States.) Having established that a petitioner can merely state that
they have been the victim of domestic violence without offering
proof could bring the GOCR more than it bargained for.
Additionally, we are concerned that this case represents a
disservice to those who have legitimate claims to protection from
domestic violence.
¶14. (SBU) We will continue to monitor this situation carefully, and
stronger follow-up action may be required if future extraditions are
placed in jeopardy by the "refugee gambit". Sadly, although Tomayko
has avoided returning to the U.S. to answer for her crime, she
remains a fugitive with outstanding international arrest warrants
against her. She has thus effectively made herself a "prisoner for
life" in Costa Rica.
CIANCHETTE