VZCZCXYZ0004
PP RUEHWEB

DE RUEHBO #1056/01 0781608
ZNR UUUUU ZZH
P 181608Z MAR 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1992
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8101
RUEHCV/AMEMBASSY CARACAS PRIORITY 0121
RUEHLP/AMEMBASSY LA PAZ MAR 9331
RUEHPE/AMEMBASSY LIMA PRIORITY 6022
RUEHQT/AMEMBASSY QUITO PRIORITY 6678
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4349
RUEAIIA/CIA WASHDC PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS BOGOTA 001056 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS CO
SUBJECT: QUARTERLY HUMAN RIGHTS CONSULTATIONS FOCUS ON 
EXTRAJUDICIAL KILLINGS 
 
¶1.  Summary: At the suggestion of the Colombian Commission of 
Jurists, Post's quarterly consultations with human rights 
groups focused on alleged extrajudicial executions (EJEs) by 
security forces.  Citing a report released last October by a 
coalition of human rights groups, the participants said there 
were 236 alleged extrajudicial killings from July 2006 to 
June 2007, up from 198 the previous year.  They claimed 
arbitrary detentions frequently preceded such killings, and 
said the GOC's emphasis on results was too often interpreted 
by military officials to mean body count.  They urged the GOC 
to strengthen the Prosecutor General office's (Fiscalia's) 
capacity to investigate combat deaths, and said all such 
cases should be heard in civilian, rather than military, 
courts. Several participants acknowledged recent Defense 
Ministry directives to address the issue, but called for more 
concrete action.  End Summary. 
 
¶2.  On March 12, Post held its quarterly consultations with 
human rights groups, with a special focus on EJEs. Attendees 
included Luis Evelis Andrade from the National Indigenous 
Organization of Colombia (ONIC), Tito Augusto Gaitan from the 
Association for Alternative Social Policy (MINGA), Mario 
Gomez from the Restrepo Barco Foundation, Jahel Quiroga from 
Reiniciar, Diana Murcia from the Collective Corporation of 
Lawyers, Agustin Jimenez from the Solidarity Committee of 
Political Prisoners, Alberto Yepez from the Coordination of 
Colombia, Europe and the U.S. (CCEU), Father Alberto Franco 
from Justicia Y Paz, and Camilo Mejia of the Colombian 
Commission of Jurists (CCJ).  USAID and DOJ officials also 
participated. 
 
------------------ 
Comparing EJE data 
------------------ 
 
¶3.  Mejia said a study by a human rights coalition released 
last October found that between July 2006 and June 2007, the 
public forces committed 236 alleged extrajudicial killings, 
up from 198 during the same period in 2005-2006. So far this 
year, CCJ has identified 13 cases.  He said the GOC's 
democratic security policy should not be used to justify 
attacks against civilians, and complained the policy's 
emphasis on results was often interpreted by commanders to 
mean body count.  ONIC said there were 43 EJEs against 
indigenous in 2007, with 12 so far this year. 
 
¶4.  Yepez of CCEU said his group reported 111 killings 
between January-December 2007, with 13 more so far this year. 
He noted the highest number of reported cases occurred in 
Norte de Santander (15), followed by Meta (12), Catatumbo 
(9), Putumayo (8), and Arauca (5).  Units implicated included 
the 13th Brigade's 25th battalion, the 6th Brigade, the 16th 
Brigade and the 15th Mobile Brigade.  Yepez claimed Army 
Gaula (anti-kidnapping units) are also a concern.  He 
complained that relative of victims often do not file 
complaints due to military threats. Yepes added that 
arbitrary detentions frequently precede extrajudicial 
killings. 
 
¶5.  Father Franco said there is stigmatism of civilians in 
"guerrilla zones" where military forces accuse locals of 
sympathizing with the FARC.  He echoed charges that military 
units kill civilians, subsequently dressing them in guerilla 
uniforms and claiming them as killed in action.  Franco said 
the GOC's democratic security policy encourages the military 
to view civilians in rural areas with suspicion, leading them 
to target community leaders. 
 
--------------------------------------------- ----- 
Deciding Jurisdiction: Military or Civilian Court? 
--------------------------------------------- ----- 
 
¶6.  Participants said the Fiscalia lacks the logistical 
capacity to investigate the scenes of combat deaths, often 
authorizing the military to conduct the preliminary 
investigation in its place.  The Fiscalia's criminal 
investigative unit (CTI) needs more personnel and resources. 
MINGA's Tito said that when the Fiscalia investigates, 
prosecutors are often pressured by the military to transfer 
the case to the military justice system.  Restrepo Barco 
representative Mario Gomez referred to recent MOD directives 
 
focusing on addressing EJEs, noting that in 2007, more 
extrajudicial killings were handled in the civilian than 
military courts.  The MOD also issued an order instructing 
military commanders to reward demobilizations, captures and 
kills in that order. 
 
¶7.  Other participants agreed the MOD measures were positive 
and thanked the USG for its role in communicating concerns to 
the GOC. Still, they said the MOD's initiatives are 
insufficient.  Quiroga of Reiniciar said positive trends are 
not due to military directives but reflect pressure from 
human rights groups.  Tito reiterated that the GOC needs to 
do more to strengthen the judicial process.  He said the 
military's emphasis on captures over kills should help in 
prevention, but called for greater access for human rights 
groups to investigative documents in the MOD's possession. 
Whoever has custody over evidence is the "key driver" in the 
judicial process.  Participants debated whether all EJE cases 
should be moved to Bogota to avoid pressure from local 
commanders or whether more resources should be dedicated to 
support regional prosecutors.  Post encouraged participants 
to make policy concrete recommendations to the USG, as well 
as to GOC authorities, to address this issue. 
Brownfield