This record is a partial extract of the original cable. The full text of the original cable is not available.

id: 16485
date: 4/29/2004 15:25
refid: 04BOGOTA4332
origin: Embassy Bogota
classification: SECRET//NOFORN
destination: 04BOGOTA3618
header:
This record is a partial extract of the original cable. The full text of the original cable is not available.



----------------- header ends ----------------

S E C R E T SECTION 01 OF 02 BOGOTA 004332 
 
SIPDIS 
 
NOFORN 
 
DOJ: PLEASE PASS TO DAAG MARY LEE WARREN 
 
E.O. 12958: DECL: 04/25/2014 
TAGS: ASEC KCRM KJUS PGOV PHUM PINR PREL PTER SNAR CO
SUBJECT: PROSECUTOR GENERAL CONTINUES REFORMS AMID CRITICISM 
 
REF: A. BOGOTA 03618 
 
     ¶B. BOGOTA 03619 
 
Classified By: Ambassador William B. Wood for reasons 1.4 (b) 
and (d). 
 
------- 
Summary 
------- 
 
¶1. (S) Although he cannot evade responsibility for presiding 
for thirty-three months over an institution polluted by 
corruption, Prosecutor General ("Fiscal") Luis Camilo Osorio 
has followed through on his promise to remove officials who 
fail polygraph exams or are otherwise suspected of 
corruption.  He has also responded quickly to specific 
Embassy information on corrupt officials.  Several former 
officials have fought back in the press.  Based on evidence 
of corruption, much of which was discovered and provided to 
Osorio by the Embassy, we lend little credence to these 
officials' attempts to defend themselves.  Osorio must 
continue to apply strict standards of institutional rectitude 
and empower his new internal anti-corruption unit with the 
authority, resources, and independence needed to do its job. 
From the USG's perspective, ensuring the unit's integrity is 
imperative.  End Summary. 
 
------------------------------------- 
Osorio Removes Suspected Prosecutors 
------------------------------------- 
 
¶2. (S) On April 12, Prosecutor General ("Fiscal") Luis Camilo 
Osorio announced the dismissal of Luis Fernando Torres, 
former director of the Anti-Narcotics and Maritime 
Interdiction Unit (UNAIM) at the Office of the Prosecutor 
General ("Fiscalia").  Torres tested "inconclusive" on a 
recent polygraph exam administered by FBI specialists, and 
then refused to take another.  Osorio also dismissed Alvaro 
Bayona, an UNAIM prosecutor suspected of tampering with 
evidence against reputed narcotrafficker Leonidas Vargas, 
alias "El Viejo."  Bayona, who reported to Torres, is accused 
of "losing" five sensitive files containing key evidence 
against Vargas and his criminal organization.  Bayona claims 
he was fired because he was about to call for an 
investigation against Colonel Oscar Naranjo, director of the 
Colombian National Police's (CNP) Office of Judicial Police 
(DIJIN).  Bayona has not presented any evidence, and the 
Embassy has no information that would support his claim that 
Naranjo is corrupt.  Both Torres and Bayona have also 
publicly accused Osorio of removing them to stop their 
investigations of narcotraffickers.  We lend little credence 
to these allegations; Osorio's decision to dismiss both men 
occurred after we urged that they be removed. 
 
¶3. (S) On April 15, Osorio fired two more UNAIM prosecutors 
Omaira Gomez and Efren Anibal Garcia.  Gomez, who authored 
a letter published in the press criticizing the polygraph 
process (ref A), is accused of inexplicably dismissing eleven 
cases against criminal organizations.  Gomez was not included 
in the recent polygraphs because she recently passed one. 
Garcia, who failed the polygraph, is suspected of conspiring 
with Torres to help two individuals evade extradition, which 
one successfully achieved.  On April 16, the Fiscalia 
announced the dismissal of Hayde Lopez, an investigator in 
the Fiscalia's National Anti-Corruption Unit (not to be 
confused with the newly proposed internal anti-corruption 
unit).  These dismissals bring to at least seven the number 
of senior Fiscalia officials recently removed for corruption. 
 In addition, Osorio has removed many mid-level officials, 
such as sixteen prosecutors and investigators in Cali, Valle 
del Cauca department, who were suspected of colluding with 
paramilitaries and narcotraffickers. 
 
¶4. (S) On April 26, Emboffs spoke with Osorio to recommend 
that another five UNAIM prosecutors -- Jesus Albeiro Yepes, 
Carlos Ivan Mejia, Gladys Sofia Bautista, Dario Serrano, and 
Luz Marina Gutierrez -- and one assistant -- Luz Estela 
Encizo -- be dismissed.  The Embassy had credible derogatory 
information on all six.  Emboffs also asked that two 
prosecutors fired earlier by Torres -- Maria Cristina Munoz 
and Mery Estela Gorzon (strictly protect both) -- be 
reinstated.  Osorio dismissed the six suspect UNAIM officials 
and rehired Munoz and Gorzon that same evening. 
 
------------------------------------ 
Progress on the Anti-Corruption Unit 
------------------------------------ 
 
¶5. (S) Osorio is continuing polygraphs and pushing for 
investigations of suspect officials.  Contrary to some public 
criticisms, Osorio has not relied solely on polygraph results 
in making decisions to remove prosecutors.  For example, he 
has dismissed some officials who passed the exam -- such as 
Gomez -- based on other compelling evidence of misconduct. 
In addition, Osorio has ordered the creation of an 
investigative/prosecutorial commission to look into 
allegations of corruption. 
 
¶6. (S) In an April 5 meeting with Osorio, the Ambassador 
emphasized that, in order for the USG to continue its 
assistance to the Fiscalia, it was imperative that members of 
the new internal anti-corruption unit be polygraphed, and 
that all officials from throughout the Fiscalia who do not 
pass the polygraph be removed from USG-assisted units and 
programs (ref B).  Osorio agreed to both these conditions. 
(The Embassy has been polygraphing Fiscalia officials in 
these programs since 2000, and Osorio has been supportive of 
the process.  However, he has not always been diligent in 
follow-up investigations.)  On April 23 Osorio spoke again 
with the Ambassador to review the actions he has already 
instituted, and those he is considering taking. 
 
------------- 
Further Steps 
------------- 
 
¶7. (S) The atmosphere in the press and the Fiscalia itself is 
tense.  The dismissals and new lie detector requirements are 
producing a flood of protests, accusations, and self-serving 
statements, most aimed at Osorio.  The Embassy will continue 
-- in private -- to insist that Osorio remove and prosecute 
corrupt officials, in addition to establishing an internal 
anti-corruption unit that is itself polygraphed.  Osorio 
recognizes that more needs to be done.  He approached the 
Ambassador about further polygraphs (the Embassy will 
assist).  He seems ready to continue to relieve corrupt 
officials.  End Comment. 
WOOD 

=======================CABLE ENDS============================