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DE RUEHBO #0937/01 0702058
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P 102058Z MAR 08
FM AMEMBASSY BOGOTA
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RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4329
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UNCLAS BOGOTA 000937 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: COLOMBIA MAKES SUCCESSFUL TRANSITION TO ACCUSATORY 
LEGAL SYSTEM 
 
¶1.  Summary: On January 1, 2008, Colombia initiated the final 
phase of a four-year, phased implementation of its new 
Criminal Procedure Code which introduces an accusatory 
criminal justice system.  Implementation of the new system, 
which began on January 1, 2005, has largely been viewed as a 
success.  Where implemented, it has reduced the time needed 
to resolve criminal cases by over 75% and boosted conviction 
rates to 60%, up from 3% under the old system. The recent 
guilty verdict of 15 Colombian military officials in the 
Jamundi case shows the new system's capacity to handle 
complex criminal cases.  USG assistance has been critical to 
the successful implementation of the new system, but 
continued support will be needed to ensure remaining 
management, infrastructure, and cultural challenges are 
overcome. End Summary. 
 
--------------------------------------------- 
Final phase: Accusatory System Implementation 
--------------------------------------------- 
 
¶2.  On January 1, the fourth and final phase of the 
implementation of the new Colombian Criminal Procedure Code 
-- which introduces an accusatory system -- began in the 
judicial districts of Barranquilla, Cartagena, Cucuta, 
Monteria, Quibdo, Pamplona, Rioacha, Santa Marta, Sincelejo, 
Valledupar, and Yopal. The new Code is applicable to crimes 
committed in the new districts after January 1, 2008.  Crimes 
committed prior to the Code's implementation will be 
prosecuted under the old inquisitorial system. Colombia will 
continue to operate two criminal procedure codes for several 
more years until the transition from the inquisitorial to an 
accusatorial system is complete. 
 
¶3. The new Code has shown greater effectiveness by 
substantially reducing the time needed to resolve criminal 
cases.  Where implemented, it has reduced the time needed to 
resolve criminal cases by over 75% and boosted conviction 
rates to 60%, up from 3% under the old system. Theft cases, 
on average, are resolved under the new Code in 69 days as 
opposed to 567 days under the old Code. Homicide cases are 
down from 493 to 116 days, and narcotics cases are down from 
377 to 68. So far under the new Code, 70,560 formal charges 
have been filed, resulting in 38,163 guilty pleas, 6869 plea 
agreements, and 3810 trials with convictions. 
 
¶4.  The Jamundi case, in which 15 Colombian army officials 
were found guilty of murdering ten police officers who were a 
part of an elite anti-narcotics group, showed the new 
accusatory system works in complex, multi-defendant cases. 
Despite numerous continuances, interruptions and 
interlocutory appeals, the case -- which involved the 
presentation of over 100 witnesses and 600 pieces of evidence 
-- was fair, transparent and relatively quick. The complete 
process -- from the time of the crime to the verdict -- took 
20 months.  Under the old system, the case would have 
remained in the investigative stage for several years. The 
media also had access to court proceedings as never before, 
ensuring transparency in a case where allegations of bias and 
favoritism were rife. 
 
¶5.  Hernando Torres, president of the High Superior Court, 
said 128,928 proceedings remain under the previous legal 
system (Law 600). The Prosecutor General's Office (Fiscalia) 
and judiciary have spent considerable resources dedicated 
exclusively to processing 10,000 cases monthly to clear out 
the backlog, but administrative delays could cause that to 
extend to 26 months. 440,083 hearings await processing under 
the new system by 1727 judicial offices in 19 districts. 
Larceny constitutes 35% of cases, followed by trafficking and 
consumption of drugs, personal injury, and perjury. 
 
--------------------------------------------- ------ 
Significant USG Resources Breathing Life to Reforms 
--------------------------------------------- ------ 
 
¶6. The Colombian judiciary spent over $4 million from 2004 to 
2006 to prepare for the transition, with an additional 
$200,000 for court construction.  U.S. assistance has 
strongly supported this process. Between 2004-2007, the 
Department of Justice (DOJ) trained 6896 prosecutors, 20,091 
investigators, 1666 judges and 1331 forensics experts to 
implement the new Code and its accusatory system.  This 
training has combined legal and conceptual study with 
 
hands-on practical training using mock crime scenes, 
investigation scenarios, and court proceedings.  Prosecutors, 
police, judges, and forensic experts have been trained in all 
districts implementing the new system.  DOJ is also 
coordinating with the Fiscalia through a commission of 
prosecutors and investigators to monitor, evaluate, and 
continue training to ensure effective implementation.  DOJ 
has provided office equipment to judicial districts totaling 
over $1 million. 
 
¶7.  USAID's Justice Reform and Modernization Program (JRMP) 
also contributes to implementation of the new code and 
strengthening court administration. Since 2003, USAID has 
assisted the Colombian judiciary to modernize case management 
systems and to construct or refurbish 45 oral courtrooms 
across the country.  In addition, USAID has trained 
Colombia's entire public defender corps - over 1600 
attorneys.  It has constructed and equipped public defender 
offices in Bogota, Cali and Villavicencio, with plans to 
assist the GOC to build or equip 16 additional public 
defender officers over the next three years.  USAID has also 
established a national training school for Colombia's public 
defenders and investigators. 
 
---------------- 
Challenges Still 
---------------- 
 
¶8. The transition to the new accusatory system has been 
remarkably smooth given the complexities of the Colombian 
justice system. Still challenges remain regarding logistics, 
lack of sufficient personnel, inadequate court resources, 
and weak management.  The transition is also more than 
technical, involving changing the mindset and culture of 
justice sector officials trained in the inquisitorial 
tradition.  USG assistance remains critical in ensuring this 
historic change to Colombia's justice system is implemented 
effectively and thoroughly. 
Brownfield