VZCZCXYZ0017
PP RUEHWEB

DE RUEHBO #6746/01 2601530
ZNR UUUUU ZZH
P 171530Z SEP 07
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 8837
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 7750
RUEHCV/AMEMBASSY CARACAS PRIORITY 9315
RUEHLP/AMEMBASSY LA PAZ SEP 8918
RUEHPE/AMEMBASSY LIMA PRIORITY 5400
RUEHZP/AMEMBASSY PANAMA PRIORITY 0636
RUEHQT/AMEMBASSY QUITO PRIORITY 6002
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4069
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS BOGOTA 006746 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB PGOV PHUM PTER KJUS CO
SUBJECT: COLOMBIA: TRACKING CONVICTIONS IN LABOR VIOLENCE 
CASES 
 
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SUMMARY 
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¶1.  The Prosecutor General's Office (Fiscalia) created a 
special sub-unit in October 2006 to focus on prosecuting 
"priority" cases of violence against trade unionists. 
Working with the three main labor confederations, the 
Fiscalia identified 204 "priority" cases and pledged to 
prosecute the perpetrators within three years.  Since its 
creation, the sub-unit has successfully prosecuted seven 
cases, dismissed two others and transferred another to the 
military justice system.  The sub-unit also removed four 
cases due to duplication and discovered that 13 others had 
already been prosecuted.  The sub-unit currently has 177 
cases remaining on its priority list.  The 20 cases 
resolved to date have resulted in 37 convictions.  END 
SUMMARY. 
 
-------------------------- 
FOCUSING ON PRIORITY CASES 
-------------------------- 
 
¶2.  On June 1, 2006, the International Labor Organization 
(ILO) brokered a tripartite agreement among the GOC, 
Colombian labor leaders and private sector 
representatives.  The agreement included several 
objectives, including improving the investigation and 
prosecution of violence against unionists. (NOTE: As part 
of ILO case 1787, the ILO tracks alleged violence against 
unionists.  Case 1787 currently contains 1300 cases.) On 
July 4, 2006, the Colombian Prosecutor General, the 
Ministry of Social Protection (MSP), the president of the 
National Association of Colombian Industry (ANDI), and the 
presidents of the three main labor confederations discussed 
ways to improve the prosecution of labor violence cases. 
 
¶3.  The representatives agreed:  (1) the Fiscalia would 
form a special sub-unit within its Human Rights Unit to 
prosecute cases of violence against unionists; (2) the 
tripartite commission, along with the new sub-unit, would 
develop a plan to obtain clear and effective results; (3) 
the Fiscalia would work with the labor unions and the MSP 
in investigations; (4) the three labor confederations would 
provide the Fiscalia with their criteria for prioritizing 
cases; (5) based on that criteria, the Fiscalia would 
identify a number of "priority" cases that would be handled 
by the sub-unit and would be prosecuted within three years; 
and (6) the Fiscalia would continue to prosecute other 
labor cases through its regional offices. 
 
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ENSURING CASE NUMBERS ARE ON TRACK 
---------------------------------- 
 
¶4.  Working with the three main labor federations, the 
Fiscalia and the MSP identified 204 "priority" 
cases--involving 225 victims--that the special sub-unit 
would investigate and prosecute.  Since its creation last 
October, the sub-unit has successfully prosecuted seven 
cases, dismissed two others, and transferred another to the 
military justice system.   The Fiscalia also corrected the 
list, eliminating four cases that were duplicative and 13 
that had previously been successfully prosecuted.  The 
sub-unit currently has 177 cases remaining on its priority 
list.  The 20 cases prosecuted to date have resulted in 37 
convictions. 
 
---------------------------- 
PROGRESS SLOW BUT CONTINUING 
---------------------------- 
 
¶5.  Of the 177 remaining priority cases, the Fiscalia has 
filed formal charges in 17 with another 149 under active 
investigation.  The remainder are largely "cold cases" that 
will be difficult to investigate.  In addition, while 
Colombia is transitioning to a more efficient oral, 
accusatory criminal justice system, most of the cases fall 
under the old, inquisitorial system.  Of the cases on the 
Fiscalia's priority list, 27 will be prosecuted under the 
new system. 
 
¶6.  Labor confederations have identified an additional 134 
victims for which the Fiscalia has no case information. 
 
These 134 names may be added to the priority list if the 
unions provide the Fiscalia with sufficient information to 
open a criminal investigation.  Fiscalia Human Rights Unit 
Director Sandra Castro will meet with the confederations in 
the next few weeks to clarify and obtain agreement on 
possible additional cases.  She said the unit will not 
accept any new "priority" cases beyond the 134 pending. 
 
¶7.  Prosecutors in the labor sub-unit told us it is 
difficult to make progress in many of the cases currently 
under investigation and the 134 potential other cases, 
since they only have a victim's name, with no other 
information about the crime.  In many cases, no crime 
report was ever filed with the police, leaving the 
prosecutors with little or no evidence. To address these 
concerns, the MSP will meet with the Vice President's 
office, the Fiscalia, local unionists, and the main labor 
confederations in nine cities across the country starting 
in October.   The meetings will review the priority list 
and collect information on crimes for which the Fiscalia is 
lacking police reports. 
 
¶8.  Table 1 below shows the disposition of cases in the 
Fiscalia,s "priority" list.  Post will track progress on 
the list as prosecutions continue, and new cases are 
added. 
 
--------------------------------------------- ----- 
        TABLE 1:  TRACKING LABOR CASES 
--------------------------------------------- ----- 
 
                ------------------- 
                 FISCALIA PRIORITY 
                 CASE LIST 
                ------------------- 
ORIGINAL 
CASE-                   204 
LOAD 
 
CASES 
PROSECUTED 
BEFORE NEW               13 
UNIT CREATED 
 
CASES 
PROSECUTED                7 
BY NEW UNIT 
 
CASES 
TRANSFERRED 
TO MILITARY               1 
JUSTICE 
 
CASES 
DISMISSED                 2 
 
CASES REMOVED DUE 
TO REDUNDANCY             4 
 
TOTAL NO. 
OF ACTIVE CASES          177 
REMAINING 
 
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Brownfield