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Cablegate: Goc Issues Farc Demobilization Decree for Justice

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PP RUEHWEB

DE RUEHBO #1473 1122204
ZNR UUUUU ZZH
P 212204Z APR 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2447
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8145
RUEHCV/AMEMBASSY CARACAS PRIORITY 0292
RUEHLP/AMEMBASSY LA PAZ APR 9386
RUEHPE/AMEMBASSY LIMA PRIORITY 6128
RUEHQT/AMEMBASSY QUITO PRIORITY 6780
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4388
RUEHC/SECSTATE WASHDC PRIORITY 2448
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY

UNCLAS BOGOTA 001473

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: GOC ISSUES FARC DEMOBILIZATION DECREE FOR JUSTICE
AND PEACE PROCESS

1. On April 9, the Minister of Interior and Justice (MOIJ)
announced a new decree that would allow 750 individually
demobilized FARC to receive benefits under the Justice and
Peace Law (JPL), similar to those received by demobilized
paramilitary. Decree 1059 would put the jailed FARC into two
categories for judicial processing: 1) those investigated or
sentenced for sedition, or "political crimes" as defined by
Law 782 would receive a pardon and enter a reintegration
program; and 2) those who have committed serious human rights
crimes can apply to enter the JPL process under conditions
set by Law 975 and receive sentences between five to eight
years. Currently, over 1700 FARC are in jail.

2. FARC members who receive pardons would enter a
reintegration program, much like demobilized paramilitaries,
which would offer vocational training, medical benefits, and
psycho-social monitoring and counseling through home visits.
Demobilized going through the JPL process must make written
statements affirming they will lay down their weapons,
publicly reject involvement with the FARC, confess their
crimes, and contribute to the FARC's dismantling as part of
their obligations to satisfy the JPL's justice, truth, and
reparations requirements. The Operative Committee for
Abandoning Arms (CODA) under the MOD will evaluate the
request for JPL benefits, in conjunction with the Ministry of
Interior and Justice and the Prosecutor General's Office.

3. The decree is an effort by the GOC to address the fate of
former FARC members as it continues efforts to reach a
humanitarian accord with the FARC on the exchange of FARC
members held in GOC jails for the FARC's approximately 45
"political" hostages. The GOC unilaterally released 150 FARC
last June as a conciliatory gesture that was rejected by the
group, The GOC believes that through the decree, it will
increase the pressure on the FARC to negotiate and will
further undercut the group's morale. Over 2000 FARC deserted
in 2007, and morale is on the decline after several members
of the FARC secretariat, as well as key front leaders, were
killed by Colombian military forces this year.
BROWNFIELD

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