VZCZCXYZ0000
PP RUEHWEB

DE RUEHBO #0921/01 0681602
ZNR UUUUU ZZH
P 081602Z MAR 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1834
INFO RUEHCV/AMEMBASSY CARACAS PRIORITY 0070
RUEHLP/AMEMBASSY LA PAZ MAR 9296
RUEHPE/AMEMBASSY LIMA PRIORITY 5991
RUEHZP/AMEMBASSY PANAMA PRIORITY 1364
RUEHQT/AMEMBASSY QUITO PRIORITY 6643
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4327
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

UNCLAS BOGOTA 000921 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM KJUS CO
SUBJECT: MILITARY JUSTICE OFFSITE YIELDS PROGRESS 
 
 
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SUMMARY 
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¶1. At an offsite conference in Paipa organized and funded 
primarily by SOUTHCOM with USAID and DOJ support, senior 
Ministry of Defense and Prosecutor General's office officials 
made progress in addressing extrajudicial killings by 
military personnel.  Participants discussed their 
interpretations of current rules, regulations, and laws, 
calling the conference an unprecedented opportunity to 
discuss these issues in a frank manner.  The military and the 
Prosecutor General's office agreed to set up working groups 
on jurisprudential and operational issues that would make 
recommendations aimed at facilitating civilian investigations 
of combat deaths, increasing communication between civilian 
and military officials, and better defining Colombia's legal 
framework governing the application of force.   END SUMMARY. 
 
¶2. The USG hosted an offsite conference in Paipa on February 
20-21 entitled "Public Forces and the Administration of 
Justice."  High-level participants included Commander General 
of the Colombian Armed Forces General Freddy Padilla, 
Commander of the Army General Mario Montoya, Director of 
Military Penal Justice Luz Marina Gil, Vice Minister of 
Defense Sergio Jaramillo, Prosecutor General Mario Iguaran, 
National Director of the Prosecutor general's office German 
Ortega, Director of the Human Rights Unit of the Prosecutor 
General's office Sandra Castro, Director of the Technical 
Investigation Corps (CTI) Marilu Mendez.  Other senior level 
officials and military representatives of the Ministry of 
Defense (MOD) and the Prosecutor General's office attended, 
as well as officials from the UN High Commission for Human 
Rights (UNHCHR) and the International Red Cross (ICRC), the 
Inspector General's office, the Human Rights Ombudsman's 
office, and the Presidential Program on Human Rights. 
 
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BUILDING TRUST 
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¶3. Ambassador Brownfield opened the conference by 
underscoring that respect for human rights and the rule of 
law are key to establish the military's legitimacy and to 
sustaining the popular support needed for a successful 
counter-terrorst campaign.  He said inter-agency cooperation 
based on strong leadership, training, and education are 
crucial to achieving these goals. 
 
¶4. The Ambassador's call for cooperation was echoed by 
General Padilla and Prosecutor General Iguaran.  Both 
acknowledged existing tensions between the military and the 
Prosecutor's office; but, they agreed the military and the 
judicial system must have a zero-tolerance policy on human 
rights abuses.  The legitimacy of military operations was 
strengthened by transparent investigations and prosecution of 
violators.  Padilla said democratic security is a national 
priority, and confidence-building and establishing 
credibility among state actors on human rights are top 
priority. 
 
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WORKING GROUPS AND THE WAY AHEAD 
-------------------------------- 
 
¶5. The MOD and the Prosecutor General's office agreed to 
continue working together to ensure effective investigations 
on human rights abuses, including improved training and the 
development of protocols defining the investigative functions 
and responsibilities of civilian and military authorities. 
The military and Prosecutor General's office agreed to 
discuss the creation of a permanent working group--supported 
by the ICRC--to define the applications of International 
Humanitarian Law (IHL or the law of war) in the Colombian 
context.  In addition, the MOD agreed to brief members of the 
Prosecutor General's office on military rules of engagement, 
military operational law, and the FARC's modus operandi in 
operations.  The Prosecutor General's office agreed to engage 
MOD on areas of joint and cross training, including increased 
MOD understanding of civilian jurisdiction, criminal law, and 
procedure. 
 
¶6. The MOD offered to invite regional and local human rights 
prosecutors to a series of seven divisional conferences to be 
held over the next several months to improve communication 
between local officials and to review local security and 
operational situations.  The MOD suggested that the 
conference agendas would replicate the agenda from Paipa but 
incorporate a wider pool of participants. 
 
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FOCUS ON PRACTICAL ISSUES 
------------------------- 
 
¶7. CTI Director Mendez, Human Rights Unit Director Castro, 
and Army Commander General Montoya discussed how to develop a 
working framework to move forward.  Areas for discussion 
include protocols on crime scene and evidence issues, access 
to witnesses and evidence, and logistical support for CTI 
investigators, forensic experts and prosecutors to get to 
crime scenes.  Military Criminal Justice (MPJ) Director Luz 
Marina Gil said MPJ would present a list of cases that lacked 
any response from the Prosecutor General in terms of 
jurisdiction.  Gil emphasized that 137 cases of potential 
extrajudicial killings had already been transferred from the 
military to ordinary justice system from 2005-2007, and noted 
that continued coordination of cases with the Fiscalia will 
be an integral part of the military justice reform process. 
 
¶8. The Prosecutor General's office offered to provide a flow 
chart describing the civilian investigation process.  MOD and 
MPJ will also work to promote more effective military first 
responder actions.  The Prosecutor General's office 
emphasized the critical importance in their investigators 
getting to a potential crime scene as quickly as possible and 
ensuring there is minimal disturbance of the scene.  The 
Prosecutor General's office also noted the need to gain 
access to military evidence which may be relevant to the 
investigation of incidents.  The MOD stressed the need for 
the Prosecutor General's office to share evidence when the 
military is also conducting criminal investigation.  This 
exchange highlighted the continuing problem of parallel 
investigations and a need for clearer and quicker decisions 
on case jurisdiction. 
 
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SCOPE OF MILITARY JURISDICTION STILL IN DEBATE 
--------------------------------------------- - 
 
¶9. Colombia's legal framework governing the application of 
force was central to the discussion.  The participants 
identified several key issues including timely determination 
of jurisdiction, i.e., civilian vs. military, legal value of 
rules of engagement, and the circumstances in which IHL 
should apply.  Vice Minister Jaramillo reiterated that there 
is a pressing need for more transparent investigations, clear 
protocols between military and civilian authorities, and the 
need for greater trust by the military in the civilian legal 
system.  The Embassy offered to bring in international law 
experts to support a small inter-agency working group focused 
on clarifying the legal framework. 
 
 
Brownfield