[misc.activism.progressive] WILL U.S. EXTRADITE TERRORIST?

christic@labrea.Stanford.EDU (06/07/91)

/* Written  6:14 pm  Jun  6, 1991 by christic in cdp:christic.news */
/* ---------- "WILL U.S. EXTRADITE TERRORIST?" ---------- */
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WILL THE U.S. EXTRADITE JOHN HULL?

By RICK EMRICH
Convergence Magazine, Christic Institute, Summer 1991

The Government of Costa Rica on April 19 asked the United States
to extradite U.S.-born rancher John Hull, a naturalized Costa
Rican citizen who supported the Nicaraguan contra rebels from
1982 through 1986. The Costa Ricans have accused Hull of murder,
drug trafficking and ``hostile acts'' against Nicaragua in
violation of Costa Rica's neutrality.

This appears to be the first time a foreign government has asked
the United States to turn over a major contra supporter for trial
on criminal charges stemming directly from the U.S.-supported
rebel operation.

The extradition request could become a political nightmare for
the Bush Administration. The President has been dogged by charges
that he knew about the illegal contra support operation during
his term as Vice President under Ronald Reagan.

The Costa Ricans have charged Hull, 70, with engineering a
terrorist bombing on May 30, 1984. The attack occurred while
moderate contra commander Edn Pastora was meeting reporters at
his jungle outpost in La Penca, Nicaragua. Pastora survived, but
five others--including three journalists--were killed and twenty
injured.

Hull is also accused of violating Costa Rican neutrality when he
used his ranch in Costa Rica near the Nicaraguan border as a base
and supply depot for the contras. The Costa Rican Government
further charges that Hull and other contra supporters used the
rebel arms supply route to smuggle drugs through Costa Rican
territory.

Colombian drug kingpin Carlos Lehder told ABC News in May 1990
that Hull ``was pumping about 30 tons of cocaine into the United
States a year'' from his base in Costa Rica.

If Hull is forced to return to Costa Rica, a trial could confirm
allegations that United States officials condoned drug
trafficking and terrorism by the contras and their supporters. A
trial may also underscore the American role in pressuring Costa
Rica--a traditionally neutral country--to allow the rebels to
operate freely from their territory. 

``The Administration's reaction to this extradition request will
test its commitment to the war against drug trafficking and
international terrorism,'' says Christic Institute General
Counsel Daniel Sheehan. ``We will find out whether President Bush
really believes in `zero tolerance' for drug smugglers.''

Sheehan says the Administration may try to bottle up Hull's
extradition unless the public demands justice for the La Penca
bombing victims. See ACTION box on page 14.

The criminal charges against Hull parallel allegations made in
Avirgan v. Hull, a Federal civil racketeering suit filed in 1986
by the Christic Institute on behalf of American reporters Tony
Avirgan and Martha Honey. Avirgan was one of the reporters
wounded at La Penca. The suit identified Hull as an arms
smuggler, drug trafficker and a key player in the attempt on
Pastora's life.

The lawsuit also says Hull and 28 other defendants were part of a
criminal racketeering enterprise responsible for the bombing.
That enterprise, the Institute charges, organized the illegal
shipment of arms to the contras and used contra bases to smuggle
narcotics into the United States. Several of the defendants--
including retired American generals Richard Secord and John
Singlaub, arms dealer Albert Hakim, and Robert Owen, who served
as Oliver North's liaison with the Nicaraguan rebels--later
became widely-known when their roles in the Iran-contra affair
were exposed.

Avirgan v. Hull was dismissed in June 1988, in the midst of a
Republican Presidential campaign determined to defuse the Iran-
contra affair as an election issue. Days before the Avirgan trial
was scheduled to begin, Federal Judge James Lawrence King ruled
there was insufficient evidence that Hull was involved in the
bombing.

Christic attorneys appealed, calling King's ruling a politically
motivated attempt to derail the case. The Institute has since
told the 11th Circuit Court of Appeals that the criminal charges
against Hull are further proof that King was wrong and the
dismissal should be overturned. For more detail on the Christic
Institute's appeal, see the story on page 11.

Throughout the Reagan Administration's war on Nicaragua, Hull was
a central figure in the anti-Sandinista campaign. Working for
both the C.I.A. and the North network, he served as liaison
between the Americans and contra groups in Costa Rica and
southern Nicaragua.

Hull played an important role in the C.I.A. attempt to unify
under agency command several rebel factions fighting on the
``Southern Front''--the war zone in southern Nicaragua bordering
on Costa Rica. He has described himself as a ``coordinator''
between the C.I.A. and contras. In that capacity, he aligned
himself with contra groups--such as Adolfo Calero's Nicaraguan
Democratic Force (F.D.N.)--intent on removing Edn Pastora as
commander of the rival Democratic Revolutionary Alliance (ARDE).
Hull believed that Pastora, who had fought on the side of the
Sandinista rebels during the war against Nicaraguan dictator
Anastasio Somoza, was a leftist who was blocking efforts to bring
the contra armies together.

The La Penca bomb was detonated while Pastora was meeting with
reporters to denounce C.I.A. attempts to force him out of the
contra war.

After the attack, United States Government officials said the
bombing was probably the work of a Basque terrorist working for
the Sandinistas. Pastora blamed the C.I.A.

Journalists Martha Honey and Tony Avirgan, however, discovered
that the Basque terrorist was under house arrest in France when
the bomb exploded. Instead, they found substantial evidence that
Hull, the C.I.A. and a group of right-wing Americans were behind
the attempt to kill Pastora. The two journalists also concluded
that the bombing was intended to kill reporters at the press
conference--both to eliminate witnesses and to give the bomber a
chance to escape.

Their findings were published in a 1985 study, La Penca: Report
of an Investigation. 

Hull sued the two reporters for libel in a Costa Rican court. In
Costa Rica, libel is a criminal offense and in libel cases the
burden of proof is on the defendant accused of publishing false
or defamatory information. In a May 1986 trial, Honey and Avirgan
were able to prove to the court they had the evidence to support
their charges, and Hull's case was dismissed.

Immediately afterwards, the Christic Institute filed Avirgan v.
Hull in Miami Federal court. The lawsuit alleged that a
racketeering enterprise was smuggling arms and drugs through
contra bases. Six months later, the Iran-contra scandal made
headlines in the United States and abroad.

Since then, Hull's activities on behalf of the contras have
exposed him to continuing international scrutiny, though his role
in the operation was never fully investigated by the United
States Government. But dozens of official inquiries, independent
investigations and news reports in the United States and Costa
Rica have corroborated charges made by Avirgan, Honey and the
Christic Institute.

In January 1989 Costa Rica arrested Hull on charges of drug
trafficking and using Costa Rican territory to supply the
contras. The rancher spent two months in jail under a law that
allows the government to detain accused narcotics dealers until
their trial, then was released on $37,000 bail.

In July 1989 Hull skipped bail and fled Costa Rica. Returning to
the United States, he claimed he had left the country on his
doctor's advice because of a heart condition. At the time, he
told reporters he would return to Costa Rica for trial.

Days after his flight, Costa Rica's Special Legislative
Commission on Narcotics Trafficking concluded its investigation
of contra involvement in the drug trade. In its report the
commission said Hull had used contra supply planes to smuggle
narcotics through Costa Rica. Acting on the commission's advice,
the Costa Rican Government later banned Oliver North, Robert
Owen, Richard Secord, former United States Ambassador Lewis Tambs
and former National Security Adviser John Poindexter from Costa
Rica for their role in the contra guns-for-drugs operation.

Evidence of Hull's drug trafficking also surfaced in a report
published in April 1989 by the Senate Foreign Relations
subcommittee on terrorism, narcotics and international
operations, chaired by Massachusetts Senator John Kerry. The
report, titled Drugs, Law Enforcement and Foreign Policy, devoted
an entire section to Hull's role in the contra supply operation
and described the testimony of five eyewitnesses who said Hull
used his ranch to smuggle drugs and weapons for the rebels.

Costa Rica has charged Hull as a fugitive. In June 1990 the
rancher's name was added to the ``most-wanted'' list circulated
by Interpol, the international police organization. 

In December 1989 Costa Rica indicted Hull and another Avirgan
defendant, Cuban-American Felipe Vidal, for murder as architects
of the La Penca bombing. The 54-page indictment said that Robert
Owen probably knew about the bombing in advance, and recommended
indictments against Owen and four other Avirgan defendants--
Americans Tom Posey and Bruce Jones, and Cuban-Americans Ren
Corvo and Moises ``Dagoberto'' Nu$ez--for ``hostile acts.''

The indictment also described attempts to undermine the original
investigation of the bombing, including the creation of a secret
C.I.A. unit known as ``the Babies'' which bribed Costa Rican
officials and fed false leads to investigators.

Since his flight from Costa Rica, Hull has lived primarily at his
farm in Indiana. Despite his claims of poor health, he has made
at least two trips to Central America. 

In early 1990, Hull travelled to El Salvador as part of what he
described as a ``humanitarian'' mission. And in December 1990
Hull turned up in Juigalpa, Nicaragua, the seat of an extreme
right-wing movement against President Violeta Chamorro. Within
days of his appearance there, Costa Rica asked Nicaragua to
extradite Hull, but the farmer had disappeared by the time an
arrest warrant was issued. He returned to the United States
shortly thereafter.

The Bush Administration may have motives to derail the
extradition. A criminal trial of Hull could uncover important
evidence on United States backing for an operation that committed
terrorist acts and smuggled drugs to support the contras.

Critics of the American role in the contra war say this makes it
all the more unlikely that the Administration--unless pressured--
would turn Hull over to the Costa Ricans. They point to earlier
criminal investigations of contras and their supporters that were
undermined by the Reagan-Bush Administration:

1. In May 1986 Jeffrey Feldman, an assistant United States
Attorney in Florida, recommended formation of a Grand Jury to
investigate Hull's role in the contra resupply operation. Within
days, Attorney General Edwin Meese was able to block the inquiry
and ordered the Feldman memorandum rewritten to reverse the
original recommendation.

2. The Kerry subcommittee report described several instances in
which Administration officials and national security agencies
interfered with criminal investigations of individuals working to
support the contras. The committee also found evidence that
Justice Department officials may have interfered with its
investigation in order to protect the contra network or the
Reagan Administration.

3. In the name of ``national security,'' the executive branch has
refused to release evidence needed for criminal trials of
defendants accused of Iran-contra crimes. This posture has forced
the dismissal of charges against several prominent Iran-contra
figures.

4. Costa Rican prosecutors found that the C.I.A. was involved in
an elaborate operation to undermine their investigation of the La
Penca bombing.

``The nature of the charges against Hull and the evidence of
executive branch involvement in his activities creates a clear
conflict of interest for the Justice Department, which is
responsible for extraditing him,'' says the Christic Institute's
Dan Sheehan. 

The extradition process may give the Americans several
opportunities to stop the procedure practically before it begins.

Initially, Costa Rican Embassy officials presented the request to
the State Department, where officials will decide whether the
request merits attention. If it clears that hurdle, the request
will be transmitted to the Justice Department, where a hearing
would be held before a Federal magistrate to decide if an arrest
warrant should be issued. The Costa Ricans would be represented
in the hearing by an attorney appointed by the Bush
Administration's Justice Department.
  
If the magistrate decides there is cause to issue a warrant, Hull
would have the opportunity to ask a Federal court for a writ of
habeas corpus. Hull could appeal if the writ were denied.

Finally, the Bush Administration's Secretary of State would have
to certify the decision before Hull could be forced to return to
Costa Rica. 

``In order to protect themselves, the Reagan and Bush
Administrations have stymied any detailed investigation of the
contra-drug connection,'' says Sheehan. ``Unless the public
demands Hull's extradition, he will be allowed to slip away.''

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