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INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8730
RUEHCV/AMEMBASSY CARACAS PRIORITY 1827
RUEHLP/AMEMBASSY LA PAZ MAR 0003
RUEHPE/AMEMBASSY LIMA PRIORITY 7146
RUEHZP/AMEMBASSY PANAMA PRIORITY 3217
RUEHQT/AMEMBASSY QUITO PRIORITY 7872
RUEKJCS/SECDEF WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

C O N F I D E N T I A L BOGOTA 000849 

SIPDIS 

E.O. 12958: DECL: 03/11/2018 
TAGS: PREF PREL PTER SNAR KJUS CO
SUBJECT: SUBJECT: URIBE-SUPREME COURT POWER CONTINUES 
AMIDST SPYING AND CHARGES OF IDEOLOGICAL BIAS 

REF: A. 09BOGOTA569 
     ¶B. 08BOGOTA3718 
¶C. 08BOGOTA1517 

Classified By: Classified By: Political Counselor John Creamer Reasons 
1.4 (b and d) 

SUMMARY 
------- 
¶1. (C) The recent scandal involving the Department of 
Administrative Security's (DAS) surveillance of several 
Supreme Court justices has exacerbated the already tense 
relations between the Court and the GOC.  The dispute, 
originally centered on longstanding turf battles between the 
Supreme and Constitutional courts and aggravated by executive 
branch distrust of the Court's parapolitical investigations, 
now includes executive branch spying on the Court and 
executive charges that the Court's decisions on extradition 
and other issues are influenced by corruption or ideological 
bias. Despite these claims, a Congressional investigation did 
not reveal evidence of criminal wrongdoing by individual 
justices, and the Court's makeup indicates no obvious 
ideological bias. End Summary 

DAS SURVEILLANCE OF JUDGES 
-------------------------- 
¶2. (C) On February 21, leading news magazine "Semana" 
reported that the DAS had illegally monitored among others, 
several Supreme Court justices involved in the parapolitical
investigations (ref A).  "Semana" reported that Auxiliary 
Magistrate Ivan Velasquez, the lead investigator in the 
parapolitical cases, was followed by DAS detectives and may 
have had as many as 1900 of his calls illegally tapped over 
two years.  Other magistrates possibly monitored included 
Supreme Court President Francisco Ricaurte, former Criminal 
ChamberPresidentSigifredo Espinosa, and Justices Mara del 
Rosario Gonzalez, Yesid Ramirez, and Cesar Julio Valencia. 
Justices Augusto Ibanez and Leonidas Bustos reported having 
been harassed by unidentified armed men at their residences. 
Presidential Human Rights Director Program Carlos Franco 
confirmed to us that the DAS illegally spied on Ramirez and 
Velasquez.

RESPONSE BY THE COURT 
--------------------- 
¶3. (U) The Supreme Court responded to the "Semana" 
revelations by calling a special plenary session of all 23 
magistrates on February 23 to discuss the allegations and 
publicly denounce the DAS's actions. Ricaurte expressed his 
disappointment in the way the investigation was being handled 
and called the scandal "a grave matter with immeasurable 
consequences to Colombian democracy."  The Court also 
announced that it would file complaints with both the UN and 
OAS.Ricaurte and Velasquez plan to fly to Washington D.C. 
the week of March 16 to denounce the DAS' acts--as well as 
alleged executive involvement--before the Inter-American 
Commission on Human Rights.  Colombia's four judicial 
entities and the Prosecutor General issued a joint statement 
in March 9 denouncing "national and foreign pressures" on 
Colombia's judicial system (see septel).

BATTLE BETWEEN THE COURTS AND URIBE 
----------------------------------- 
¶4. (U) The primary source of tension between the Supreme 
Court and President Uribe continues to center on the 
parapolitical investigations and the longstanding 
jurisdictional power struggle between the Constitutional and 
Supreme Court. The dispute between the courts stems from the 
1991 Constitution which set up the Constitutional Court--a 
move deeply resented by the Supreme Court.  The two Courts 
have sparred ever since, with both trying to gain the 
executive's support for their position.  Since 2006, the 
Supreme Court perceives that President Uribe has sided with 
the Constitutional Court (ref B). Animosity also hardened 
between the Supreme Court and the executive in early 2008 
when the Court accused him of interfering in its 
investigation of his cousin, then Senator Mario Uribe (ref 
C). 

ALLEGATIONS OF COURT TIES TO THE MAFIA 
-------------------------------------- 
¶5. (U) The local media has reported on allegations against 

members of the Supreme Court of possible corrupt ties to 
criminal and drug groups, as well as with ex-paramilitaries, 
but no hard evidence has surfaced. On July 31, 2007, Peace 
Commissioner Luis Carlos Restrepo asked the Congress' 
Accusations Commission (responsible for investigation of 
magistrates) to investigate some justices alleged ties to 
Giorgio Sale, an Italian mafia leader and drug trafficker 
with ties to ex-paramilitary leaders, including Salvatore 
Mancuso (extradited to the United States in 2008). 

¶6. (C)  In September 2008, the Commission questioned former 
Criminal Chamber President YesidRamrez and former Court 
President Carlos Nder on their relations to Sale, but found 
no incriminating information. Ramrez admitted to having a 
friendship with Sale and receiving gifts from him, but argued 
that they were of minor value and given openly with no intent 
to bribe.  GOC officials, including former presidential 
advisor Jose ObdulioGaviria, Presidential Secetary Bernardo 
Moreno, and Presidential Legal Advisor Edmundo Castillo have 
repeatedly told us individual magistrates had criminal links 
to Sale, former paramilitary leaders, and the FARC, but have 
never provided any proof.  Franco told us he reviewed the 
DAS' file on its investigation of Yesid Ramirez, and found no 
evidence of criminal activity. 

COURT'S POLITICAL OUTLOOK 
------------------------- 
¶7. (C)  In addition to criminal allegations, Casa de Narino
officials routinely charge that several Supreme Court 
magistrates have a leftist political bias or personal 
animosity against Uribe.  Still, most magistrates are 
longtime judicial branch employees, and the Court's overall 
political makeup appears balanced.  In the nine-person 
Criminal Chamber, four judges are affiliated with the 
mainstream opposition Liberal Party, four with the Uribista
Conservative party, and there is one independent. 

8  (U)  The Court selects its members from a list of 
qualified candidates generated from the results of a 
selection process overseen by the Superior Judicial Council 
(CSJ). Supreme Court members then take turns choosing the 
next magistrate from that list. The head of the local bar 
association, Alfonso Clavijo, told us that university 
affiliation is an important element in this selection 
process. The Criminal Chamber is currently dominated by 
magistrates from the Externado University and the Bolivariana
de Medellin University. 


BROWNFIELD