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PP RUEHWEB

DE RUEHBO #0244/01 0172229
ZNR UUUUU ZZH
P 172229Z JAN 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1020
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 7997
RUEHCV/AMEMBASSY CARACAS PRIORITY 9790
RUEHLP/AMEMBASSY LA PAZ JAN 9180
RUEHPE/AMEMBASSY LIMA PRIORITY 5792
RUEHZP/AMEMBASSY PANAMA PRIORITY 1094
RUEHQT/AMEMBASSY QUITO PRIORITY 6501
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4269
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY

UNCLAS BOGOTA 000244 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL PTER KJUS CO
SUBJECT: COLOMBIA MAKES MAJOR ADVANCES ON HUMAN RIGHTS IN 
2007 
 
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Summary 
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¶1. In 2007, Colombia made significant progress in 
implementing the Justice and Peace Law (JPL), exposing and 
punishing politicians tied to paramilitaries, and resolving 
longstanding human rights cases. Twenty-five paramilitary 
leaders remained in jail. JPL testimony helped clarify 3000 
crimes, including 700 homicides, and revealed the location of 
1009 mass graves containing 1196 victims. The Supreme Court 
and Prosecutor General's office (Fiscalia)--in many cases due 
to JPL testimony--linked 52 legislators, 19 governors and 11 
mayors to the paramilitaries.  Four have been convicted and 
30 are in jail. The Fiscalia obtained verdicts in several key 
human rights cases, including the 2004 murder of three 
unionists in Arauca and the Santo Domingo bombing case. 
Challenges remain--including obtaining the first JPL guilty 
pleas, investigating military and business ties to the 
paramilitaries, and making reparations to victims--but the 
GOC's infusion of new resources to the Fiscalia should ensure 
further advances in 2008. End Summary. 
 
--------------------------------------------- ---------------- 
Achievements in Justice and Peace Law, Para Political Scandal 
--------------------------------------------- ---------------- 
 
¶2. In 2007, the JPL process led to important advances in 
exposing paramilitary crimes and holding their leaders 
accountable.  25 key paramilitary leaders, including Salvador 
Mancuso, Carlos Jimenez ("Macaco"), Rodrigo Tovar Pupo 
("Jorge 40"), and Diego Murillo ("Don Berna")--remained in 
jail. Over 1000 former paramilitaries gave voluntary 
confessions (versiones libres), shedding light on over 3000 
crimes including 700 homicides. JPL testimony also led to the 
exhumation of 1196 human remains from 1009 mass graves. The 
Supreme Court and the Fiscalia--exploiting the improved 
security created by the paramilitary demobilization as well 
as JPL evidence-- have implicated 52 congressmen, 19 mayors, 
and eleven governors so far in the parapolitical scandal. 
Congressman Erik Morris of Sucre became the first sitting 
Congressman to be convicted and sentenced on December 19, 
receiving a six year sentence and a $480,000 fine. Four other 
politicians have also been convicted, and thirty others are 
in preventive detention. 
 
¶3. The Fiscalia's Justice and Peace Unit has also referred 
information derived from JPL confessions to other Fiscalia 
units, leading to the investigation of businessmen and 
military with alleged paramilitary ties.  On December 7, the 
Fiscalia announced that it is investigating four banana 
companies (Proban, Uniban, Sunisa-Del Monte and Chiquita 
International), and issued an arrest warrant for banana 
businessman Raul Hasbun.  The Fiscalia is taking legal action 
against African palm oil firms accused of working with 
paramilitaries to usurp land from Afro-Colombians in Uraba, 
and continues to investigate ranchers accused of 
collaborating with paramilitaries in Sucre department. 
Lastly, the Fiscalia is reviewing JPL testimony by former 
paramilitaries Ever Veloza and Salvador Mancuso implicating 
retired Army General Rito Alejo del Rio and other officers in 
the Mapiripan massacre and other paramilitary atrocities. 
 
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Increased Protection for JPL Victims 
------------------------------------ 
 
¶4. The GOC also acted to better protect the almost 90,000 
victims who have denounced paramilitary crimes or sought 
redress under the JPL process.  Decree 3570, issued by the 
Ministry of Interior and Justice (MOIJ) on September 18, 
created an integrated protection program involving the 
Colombian National Police (CNP), the MOIJ's protection 
program, and Fiscalia's Witness Protection Program.  Under 
the decree, the CNP will serve as the first responder to 
threats; the MOIJ program will protect victims' advocates or 
other vulnerable individuals; and the Fiscalia will provide 
security for witnesses.  CNP Commander General Naranjo told 
us the CNP received over $8.5 million in additional funding 
to protect 36 municipalities with a large number of at-risk 
 
victims.  The CNP will provide perimeter security, conduct 
community liaison with local residents, and identify threats. 
USG funding for FY 2008 will enable us to work with the 
Fiscalia to strengthen its Witness Protection Program. 
 
-------------------------------- 
Prosecuting Labor Violence Cases 
-------------------------------- 
 
¶5. The Fiscalia has resolved 59 cases of violence against 
labor union members, resulting in the sentencing of 126 
individuals, since 2001.  Eleven of the cases, leading to 20 
convictions, were prosecuted by the special sub-unit set up 
by the Fiscalia in September 2006 to investigate and 
prosecute labor crimes.  The courts found the victim's union 
membership was the motive in only nine, or 15 percent, of the 
cases.  Most cases involved theft or domestic disputes. In 
August, a Bogota court sentenced four Colombian soldiers to 
40 years each for murdering three union leaders in Saravena 
(Arauca department) in August 2004.  In 2007, the MOIJ's $34 
million Protection Program helped protect more than 6,900 
human rights activists, journalists, politicians, and other 
threatened individuals, including 1,720 unionists. This 
program will continue in 2008. 
 
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Human Rights Convictions and Investigations 
------------------------------------------- 
 
¶6. In 2007, the Fiscalia and Supreme Court obtained 
convictions in several key human rights cases awaiting 
judgment, some for several years.  In October, two pilots and 
a technician were sentenced to six years under house arrest 
on manslaughter charges stemming from the accidental bombing 
of a community in Tame (Arauca), which killed 17 people 
during a 1998 operation against the FARC. In September, the 
Supreme Court sentenced an officer to 40 years for the crime 
of omission in the La Gabarra massacre of 1999.  The Fiscalia 
also obtained the conviction of four soldiers for the murder 
of Jose Valencia Morales in Marinilla (Antioquia department) 
in 2004 on September 18.  On November 22, the Fiscalia 
ordered the detention of Army Captain Guillermo Gordillo for 
his alleged participation in the massacre of eight civilians 
near San Jose de Apartado in February 2005. 
 
¶7. The Fiscalia and Inspector General's Office (Procuraduria) 
also stepped up investigations of extrajudicial killings 
committed by security forces. In November, the Fiscalia set 
up a special sub-unit within its Human Rights Unit to 
investigate extrajudicial killings.  The Human Rights 
Fiscalia also sent special prosecutorial teams to Medellin 
and Villavicencio to assist in on-going extrajudicial killing 
investigations, as well as to identify new cases.  The 
Medellin commission has identified 160 alleged killings in 
Antioquia and 34 in Cordoba.  The Fiscalia also improved 
communications with the Military Criminal Justice system, 
leading to the transfer of 572 alleged human rights 
cases--including 155 extrajudicial killings--from the 
military to civilian courts.  The Procuraduria also opened 
separate, disciplinary investigations of 706 alleged 
extrajudicial killings, with almost 1100 victims, that 
occurred between March 2002 and August 31, 2007.  The 
investigations involve 648 Army personnel, 40 police, and 18 
marines. 
 
¶8. In addition, after a year long trial, the "Jamundi" case 
is coming to a conclusion.  This case involves the accusation 
that six military personnel murdered a Colombian civilian and 
ten members of an elite Colombian National Police narcotics 
unit in the process of executing a search warrant.  Closing 
arguments are being presented and a verdict is expected by 
the end of January. 
 
--------------------------------------------- ------ 
2008 Forecast: More Resources to Counter Challenges 
--------------------------------------------- ------ 
 
¶9. The GOC recognizes the Fiscalia will need additional 
resources to obtain the first JPL sentences, deepen its 
investigations of paramilitary links to military and economic 
 
interests, and continue to prosecute major human rights 
cases. The GOC's 2008 budget provides a $40 million increase 
for the Fiscalia's Justice and Peace and Human Rights Units, 
and Uribe will also soon sign a decree creating over 1000 new 
positions in the Fiscalia. The new positions include 175 
prosecutors, 200 criminal investigators and numerous 
administrative assistants. and will also focus on the these 
units. The Fiscalia will attempt to expedite filling of these 
positions through internal hiring. 
 
¶10. The GOC also understands that while the investigative 
phase of the JPL process is advancing, the inherent slowness 
of the judicial process has delayed the payment of 
reparations to the victims of paramilitaries.  To date, few 
victims have received compensation beyond token, collective 
reparations. Hence, the GOC announced in November that it is 
considering a proposal by the National Commission of 
Reparations and Reconciliation (CNRR) to change the 
reparations process from the current judicial process to an 
administrative process.  The administrative processing of 
victims would include a mix of symbolic and monetary 
reparations. The GOC has already begun an interagency 
consultative process on the CNRR proposal, and hopes to 
devise a new program by mid-year. 
Brownfield