VZCZCXYZ0001
PP RUEHWEB

DE RUEHBO #1824/01 1561804
ZNR UUUUU ZZH
P 051804Z JUN 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 9087
INFO RUEHBR/AMEMBASSY BRASILIA 8946
RUEHCV/AMEMBASSY CARACAS 2307
RUEHLP/AMEMBASSY LA PAZ JUN LIMA 7615
RUEHZP/AMEMBASSY PANAMA 3707
RUEHQT/AMEMBASSY QUITO 8314
RUEHGL/AMCONSUL GUAYAQUIL 4913
RUEHC/DEPT OF LABOR WASHDC
RUCNFB/FBI WASHINGTON DC
RUEKJCS/SECDEF WASHDC
RHEHNSC/NSC WASHDC
RUEAWJC/DEPT OF JUSTICE WASHDC
RHMFISS/HQ USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC

UNCLAS BOGOTA 001824 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PTER KJUS ELAB CO
SUBJECT: ARBITRARY DETENTION FOCUS OF HUMAN RIGHTS 
CERTIFICATION CONSULTATIONS 
 
REF: A. BOGOTA 1047 
     ¶B. BOGOTA 896 
 
 
SUMMARY 
------- 
 
¶1.  Post's biannual certification consultations with human 
rights groups focused primarily on arbitrary detention. 
Participants reported the rate of detentions had declined 
under the new accusatory system.  Still, they said the 
Colombian National Police (CNP) frequently abuse its right to 
provisionally detain subjects.  They alleged the CNP targets 
vulnerable groups, fails to properly document arrests, and 
abuses some detainees.  End Summary 
 
¶2.  On May 27, Post hosted the biannual consultations with 
human rights groups.  As agreed previously with the groups, 
the discussion focused on issues dealing with arbitrary 
detention.  Attendees included Mauricio Angel, International 
Crisis Group; Mario Gomez Jimenez, Antonio Restrepo Barco 
Foundation; Leonardo Reales, CIMARRON; Mauricio Albarracin, 
Colombian Lawyers Commission (CCJ); Jahel Quiroga Carrillo, 
Reiniciar; Alberto Yepes, Coordinacion Colombia Europa 
Estados Unidos (CCEEU); Father Mauricio Garcia, Center for 
Research and Popular Education (CINEP); Augustin Jimenez, 
Political Prisoner Solidarity Committee; Father Alvaro 
Franco, Inter-ecclesiastic Commission for Justice and Peace 
(Justice and Peace). 
 
ARBITRARY DETENTIONS DECLINE UNDER LAW 906 
------------------------------------------ 
 
¶3.  Reiniciar's Quiroga claimed her group documented 2200 
cases of arbitrary detention from 2004-2007, down from 6333 
cases during the period from 2002-2004.  Gomez of Restrepo 
Barco Foundation linked the reduction in arbitrary detentions 
to the roll-out of the new accusatory system (Law 906). 
Still, the groups said arbitrary detention remains a serious 
concern. 
 
URBAN SETTING:  IRREGULAR DETENTIONS, TARGETED GROUPS 
--------------------------------------------- -------- 
 
¶4.  CCJ's Albarracin claimed provisional detention under Law 
906--which grants the CNP the right to detain individuals for 
up to 36 hours without an arrest warrant in specific cases 
(for individuals caught in the act of a crime or for those in 
considered in need of protective custody)--has led to abuse. 
Father Garcia described various instances of illegal police 
detention in urban areas involving: harassment of specific 
groups, detentions based on improper or nonexistent 
documentation, and detention for more than the legal 36-hour 
limit.  Albarracin said human rights training and directives 
issued by CNP Commander General Oscar Naranjo has had little 
impact on police abuses. 
 
RURAL SETTING:  ARBITRARY DETENTION MORE FREQUENT 
--------------------------------------------- ---- 
 
¶5.  Yepes said there is even greater abuse of provisional 
detention in rural areas, where military detentions are 
common.  He claimed local prosecutors use evidence provided 
by military intelligence as a basis to arbitrarily detain 
individuals, and underscored under both the old and new 
Criminal Procedural Code, intelligence reports are not 
admissible evidence in court.  He reported it is common for 
arrests to be made the same day a police report is filed, 
allowing no time to conduct an impartial investigation.  He 
claimed  detentions are more frequent in areas where GOC's 
Center for Coordination and Integrated Action (CCAI) is 
active. 
 
¶6.  Franco and Yepes criticized the use of paid testimony 
from demobilized combatants, questioning the veracity of such 
witnesses.  Franco described a case of 25 campesinos who were 
signaled as members of the National Liberation Army (ELN) by 
 
a paid informant on March 29 and were detained until April 22 
when they were released for lack of evidence.  Franco 
asserted that human rights defenders are at greater risk for 
arbitrary detention (SEPTEL). 
 
OTHER HUMAN RIGHTS CONCERNS: 
ABUSE AND PRISON CONDITIONS 
--------------------------- 
 
¶7. Quiroga cited a case of 18 transsexuals who were raped by 
members of the CNP and held for more than 36 hours.  Another 
case involved two Bogota youth who were doused with gasoline 
while improperly detained.  In both instances, the CNP failed 
to complete required documentation.  (Note: In the Bogota 
case, the Station Commander was replaced and four policemen 
were suspended pending criminal prosecution and disciplinary 
action.) 
 
¶8.  Jimenez of the Political Prisoner Solidarity Committee 
criticized the state of Colombian prisons, citing 
overcrowding and inhumane conditions.  He said individuals 
awaiting trial often account for fifty percent of the prison 
population.  Jimenez claimed conditions are even worse for 
those held for the crime of rebellion, stating they are 
denied health services, recreation, and benefits provided to 
other prisoners. 
 
Brownfield