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

id: 20794
date: 9/20/2004 22:44
refid: 04BOGOTA9526
origin: Embassy Bogota
classification: SECRET//NOFORN
destination: 04BOGOTA7901
header:
This record is a partial extract of the original cable. The full text of the original cable is not available.



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S E C R E T SECTION 01 OF 02 BOGOTA 009526 
 
SIPDIS 
 
NOFORN 
 
STATE PLEASE PASS TO USTR - CLATANOFF AND HARMAN 
GENEVA FOR CHAMBERLIN 
LABOR FOR ILAB - JORGE PEREZ-LOPEZ 
 
E.O. 12958: DECL: 09/20/2014 
TAGS: ELAB PHUM PGOV ETRD PTER KJUS CO ILO
SUBJECT: FISCALIA ISSUES PREVENTIVE DETENTION ORDERS IN 
ARAUCA CASE 
 
REF: A. BOGOTA 7901 
 
     ¶B. BOGOTA 8193 
 
Classified By: Charge d'Affaires Milton K. Drucker for 
reasons 1.4 (b) and (d). 
 
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Summary 
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¶1. (S/NF) On September 16, the Office of the Prosecutor 
General ("Fiscalia") issued preventive detention orders 
against one officer, two enlisted men, and a civilian 
informant in the ongoing investigation of the killing of 
three trade unionists on August 5.  The three soldiers had 
been in Fiscalia custody since September 7, following a 
preliminary investigation that led officials to conclude the 
deceased labor leaders were executed, rather than killed in a 
firefight as the soldiers had claimed.  A reinserted National 
Liberation Army (ELN) guerrilla who acted as an informant in 
the case was taken into custody on September 11.  It appears 
that the trials of all four will take place in civilian 
court.  The three soldiers were part of a vetted cavalry 
squadron in Saravena, Arauca Department, attached to the 
Colombian Army's (COLAR) 18th Brigade.  The Ministry of 
Defense believes all three of the accused received some form 
of instruction from U.S. Special Forces trainers.  Because 
the 18th Brigade has cooperated fully with the Fiscalia's 
investigation and turned over the alleged offenders, post 
believes the Brigade has so far complied with Leahy Amendment 
conditions.  End Summary. 
 
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Three Military and Informant Detained 
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¶2. (U) On September 16, the Prosecutor General's Office 
("Fiscalia") ordered the preventive detention of Lieutenant 
Juan Pablo Ordonez Canon and two enlisted soldiers -- Oscar 
Saul Tuta Hernandez Suarez and Jhon Alejandro Hernandez 
Suarez -- assigned to the Reveiz Pizarro Cavalry Battalion 
based in Saravena, Arauca Department.  The cavalry battalion 
is part of the Colombian Army's (COLAR) 18th Brigade, which 
is headquartered in Arauca City.  The Fiscalia charged the 
three soldiers with murder after a forensic examination 
indicated that three trade unionists -- Jorge Prieto, Leonel 
Goyeneche, and Hector Alirio Martinez -- allegedly killed by 
the soldiers in a firefight on the morning of August 5 (ref 
A) were probably executed.  In addition to reporting a 
firefight, the soldiers claimed the trade unionists were in 
possession of two pistols, dynamite, and detonating cord. 
The Fiscalia issued arrest warrants for the three labor 
leaders in 2003 for alleged collaboration with the National 
Liberation Army (ELN).  The three soldiers have been in 
Fiscalia custody since September 7, when they were detained 
based on warrants issued the previous day.  The Fiscalia has 
also ordered the detention of a reinserted ELN guerrilla who 
reportedly led the soldiers to the home outside Saravena 
where the trade unionists were staying. 
 
------------------------------------- 
Fiscalia Actions Satisfy NGOs, Unions 
------------------------------------- 
 
¶3. (C) The preventive detention orders, which formally link 
the three accused soldiers to the alleged crime, suggest that 
the case will be heard by the civilian criminal justice 
system, rather than by the military penal justice system. 
Fiscalia officials have said both publicly and privately that 
they expect the case to be tried in civilian court.  In a 
recent conversation with the Embassy, Elba Beatriz Silva, 
director of the Fiscalia's Human Rights Unit, told us the 
military has not asked for jurisdiction in the case and that 
the 18th Brigade has cooperated fully with the Fiscalia's 
investigation.  Silva said that Prosecutor General ("Fiscal 
General") Luis Osorio sent civilian human rights prosecutors 
to Saravena on his official jet to take charge of the case 
the day after the killings.  From the outset, NGOs and labor 
unions disputed the soldiers' version of events, stating that 
several witnesses reported that the trade unionists were 
extrajudicially executed (ref B).  On September 6, Deputy 
Prosecutor General Luis Alberto Santana publicly confirmed 
these allegations, stating, "The evidence shows a homicide 
was committed.  We have ruled out that there was combat." 
Reaction from NGOs and labor unions has been overwhelmingly 
positive.  According to Carlos Rodriguez, President of the 
United Workers Central (CUT), the Fiscalia's decision "breaks 
the cycle of impunity in Colombia."  Silva told Emboffs that 
Vice-President Francisco Santos, who came out in defense of 
the soldiers shortly after the incident, admitted to her 
privately that he had spoken out of turn and would make no 
more public comments about the investigation. 
 
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Three Military Assigned to Vetted Unit 
-------------------------------------- 
 
¶4. (S/NF) The Reveiz Pizarro Cavalry Battalion has been 
vetted to ensure that they have not committed human rights 
violations.  Two platoons within the battalion have received 
training from Special Forces personnel stationed on the 18th 
Cavalry Squadron's base in Saravena.  A third platoon is 
currently being trained.  The Ministry of Defense believes 
all three of the accused received some form of training from 
Special Forces personnel.  Special Forces training normally 
involves marksmanship, small unit tactics, and human rights. 
The Leahy Amendment requires vetted units to take steps to 
investigate and address allegations of human rights abuses. 
Because the 18th Brigade has cooperated fully with the 
Fiscalia's investigation and turned over the alleged 
offenders for prosecution, post believes the 18th Brigade has 
so far complied with this requirement. 
DRUCKER 

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