VZCZCXYZ0000
PP RUEHWEB

DE RUEHBO #1072 0791301
ZNR UUUUU ZZH
P 191301Z MAR 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2011
INFO RUEHCV/AMEMBASSY CARACAS PRIORITY 0138
RUEHPE/AMEMBASSY LIMA PRIORITY 6028
RUEHLP/AMEMBASSY LA PAZ APR 9335
RUEHQT/AMEMBASSY QUITO PRIORITY 6682
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4353
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
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UNCLAS BOGOTA 001072 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KJUS CO
SUBJECT: SUPREME COURT REOPENS 1987 MURDER CASE AGAINST 
FORMER GENERAL 
 
¶1.  Summary: On March 6, the Supreme Court ordered the 
reopening of the investigation of a retired general and two 
officers for the 1987 massacre of 19 businessmen in 
Magdalena.  New testimony from demobilized paramilitaries in 
the Justice and Peace process, as well as a ruling by the 
Inter-American Court on Human Rights, led the Court to reopen 
a case that had been dismissed by a military court in 1997 
for lack of evidence. Six civilians have already been 
sentenced for their roles in the massacre. End Summary. 
 
----------------------------- 
Case Reopens - 21 years later 
----------------------------- 
 
¶2.  On March 6, the Supreme Court ordered the reopening of 
the investigation against retired general Farouk Yanine Diaz 
and two other retired officers for their alleged roles in the 
massacre of 19 businessmen in 1987.  Yanine was commander of 
the army's Second Brigade at the time and allegedly 
collaborated with paramilitaries to kidnap and kill the men 
in Puerto Boyaca, Magdalena.  Retired Major Oscar de Jesus 
Echandia Sanchez and retired Sergeant Otoniel Hernandez 
Arciniegas were also reportedly involved.  Another military 
officer, Lieutenant Colonel Navas Rubio, died in June 2002. 
The Fiscalia had already obtained the conviction of six 
civilians involved in the massacre. The six were sentenced to 
25 years in prison. 
 
¶3.  Investigation of Yanine's role in the massacre was 
delayed for years by procedural disputes over jurisdiction 
and evidentiary issues. In a controversial decision in 1996, 
the Supreme Judicial Council transferred jurisdiction from 
the civilian judiciary to the military criminal justice 
system. One of the alleged assassins, Alonso Vaquero Agudelo 
("Black Vladimir") implicated Yanine, but the military court 
threw out his testimony.  The military court then closed the 
investigation on June 18, 1997 due to lack of evidence. 
 
¶4.  In May 2004, the Inter-American Human Rights Court 
recommended that Yanine be prosecuted in the civilian justice 
system for crimes against humanity.  The Court also ordered 
the GOC to pay the victims' families 6 million dollars and to 
investigate the massacre's intellectual authors. In May 2005, 
the Fiscalia requested the Procuraduria to file a formal writ 
of review with the Supreme Court asking it to reopen the 
court. The Supreme Court ordered the case to be reopened on 
March 6, 2008, 
 
----------------------------------- 
JPL Testimony Reveals More Evidence 
----------------------------------- 
 
¶5.  The Supreme Court's decision to reopen the investigation 
was influenced by recent Justice and Peace Law testimony  by 
two former AUC commanders -- Ivan Roberto Duque Gaviria (aka 
"Ernesto Baez") and Ramon Isaza ("El Viejo") -- that shed new 
light on the 1987 massacre.  Isaza charged that Yanine was an 
informant to paramilitaries while he was a colonel in the 
Barbual Battalion in Magdalena.  On March 14, Prosecutor 
General Mario Iguaran told the press the Supreme Court's 
ruling showed the Fiscalia "has the capability and conviction 
to fight impunity." Fiscalia officials are awaiting the 
official transfer of the case from the Supreme Court, 
expected within a month. It will then appoint a prosecutor 
who will determine whether to proceed with new criminal 
charges. 
Brownfield