Cablegate: Lively Debate Underway On Demobilization
This record is a partial extract of the original cable. The full text of the original cable is not available.
id: 29078
date: 3/17/2005 21:24
refid: 05BOGOTA2582
origin: Embassy Bogota
classification: CONFIDENTIAL
destination:
header:
This record is a partial extract of the original cable. The full text of the original cable is not available.
----------------- header ends ----------------
C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 002582
SIPDIS
SOUTHCOM FOR POLAD
E.O. 12958: DECL: 03/17/2015
TAGS: PGOV KJUS PTER CO
SUBJECT: LIVELY DEBATE UNDERWAY ON DEMOBILIZATION
LEGISLATION
REF: BOGOTA 2306 AND PREVIOUS
Classified By: Ambassador William B. Wood for reasons 1.4 (b) and (d).
1. (C) Summary: The week of March 8 saw heated public debate
over important aspects of demobilization legislation. The
three principal issues that captured attention were: (A)
whether the GOC's bill could complicate the extradition of
paramilitaries on drug trafficking charges; (B) the
desirability of across-the-board prison sentence reductions
for paramilitaries already incarcerated; and (C) legal issues
related to the concept of confession. After criticism from
several members of Congress, President Uribe made a radio
address on March 10 defending his Administration's record in
fighting drug trafficking and reiterating his commitment to
extradition. Peace Commissioner Restrepo refuted claims by
Inspector General Maya and members of Congress that the GOC
was going soft on the paramilitaries. The start of
article-by-article voting in the House and Senate First
Committees, originally planned for March 14, was abruptly
rescheduled for the following day. Voting is expected to
take several days. End Summary.
2. (U) The First Committees of the House and Senate, which
focus on constitutional and legal affairs, met in joint
session for three days and roughly 20 hours of formal debate
during the week of March 8 to discuss proposed demobilization
legislation (reftel). Voting on the 67-article GOC text,
which will take place on an article-by-article basis (e.g.
the Congress can modify any article in its entirety by
majority vote), was scheduled to begin on March 14, but
re-scheduled for the morning of March 15. Three days of
voting are expected. Provided a bill passes both Committees,
which vote separately, the full House and Senate could start
debate in joint session eight calendar days after the final
Committee vote. (Note: The President does not have a formal
veto. If he objects to a bill on constitutional grounds, and
the Congress insists on approving it, the Constitutional
Court has six days to rule. If the Court declares the
legislation constitutional, the President must promulgate it.
The President may return a bill to Congress, noting his
concerns, but if majorities of members of both houses insist
on their version, the President must promulgate it. End
Note.)
3. (U) Media attention has focused on the differences between
the GOC and its critics in Congress over various aspects of
the Government's latest draft. In most cases, the loudest
critics have been members of the anti-Uribe Liberals, the
"Officialist" Liberal Party (PLC), or leftist parties such as
the Independent Democratic Pole (PDI). However, some Uribe
allies, including former Senate President German Vargas
Lleras, have criticized some aspects of the GOC's bill.
-----------
EXTRADITION
-----------
4. (U) The most high-profile debate centered around Article
64 of the GOC bill, modifying the Penal Code to treat
paramilitaries as guilty of "sedition," which carries the
same punishment as "rebellion." Several PLC senators
suggested the language would impede the extradition of
paramilitaries on drug trafficking charges, since the bill
would broadly define paramilitary activities as political in
nature. Colombian law prohibits extradition for political
crimes. On March 10, President Uribe made a radio address in
which he defended his commitment to extradition and combating
drug trafficking. Uribe categorically denied the existence
of any potential extradition loophole for paramilitaries in
the GOC's bill.
5. (SBU) On March 13, Inspector General ("Procurador")
Edgardo Maya expressed concern about the alleged extradition
loophole and questioned Peace Commissioner Luis Carlos
Restrepo's commitment to impose significant punishments on
the paramilitaries. Restrepo later refuted Maya's
allegations and questioned the bona fides of several members
of Congress. Representative Adalberto Jaimes, a 14-year
House veteran and leading member of the First Committee, told
poloff on March 11 that he expected the Article 64 language
to be modified slightly to prevent any impression of a legal
loophole on extradition. In an expected move, Representative
Rocio Arias, a known paramilitary sympathizer, announced
plans to introduce a bill that would prohibit the extradition
of any individual engaged in peace process negotiations with
the Government. Restrepo immediately dismissed the measure
and said the GOC would reject it out-of-hand. In a meeting
with the diplomatic corps on March 14, Interior and Justice
Minister Sabas Pretelt reiterated the GOC's commitment to
maintaining the excellent U.S.-Colombian extradition
relationship.
------------------
SENTENCE REDUCTION
------------------
6. (SBU) A second major issue has been the GOC's proposal to
reduce sentences for individuals currently incarcerated, an
equity provision parallel to the eight-year maximum sentence
under the GOC bill. Detractors, including Senators German
Vargas Lleras and Andres Gonzalez (a former GOC Justice
Minister), have complained that such a reduction would send a
negative message to Colombian society, and that it has
nothing to do with demobilization. However, prominent
jurists in the Congress state that the Constitution requires
equity in sentencing, and the measure is most likely designed
to stave off legal challenges. During debate, arguments for
or against the measure appeared to be split. The Ombudsman
(Defensor del Pueblo) questioned the validity of the clause
and Sabas Pretelt indicated the GOC was not wedded to it.
7. (SBU) Several members of Congress also continued to call
for stronger language on truth and confessions. The
strongest voice on this remains Senator Rafael Pardo. Both
Senate President Luis Humberto Gomez Gallo and Senator Vargas
Lleras have urged the GOC to include tougher language,
although they generally support the GOC text. The GOC
continues to resist use of the term "confession," noting that
the Constitution prohibits forced confession. Again, the GOC
appears to be attempting to avoid potential legal battles
down the road, particularly with the politically-charged
Constitutional Court. Nevertheless, Pardo and Sabas Pretelt
met at length over the March 12 weekend, a potential sign of
an attempt to bridge differences.
---------
PROSPECTS
---------
8. (C) As of March 14, many First Committee Congressional
contacts and the Vice-Minister of Interior continue to tell
us the committees will pass a bill before the start of Holy
Week. They are less confident regarding the full House and
Senate. Officialist Liberal Senator Rodrigo Rivera, who
insists the GOC measure remains lax on drug trafficking, told
poloffs on March 14 that the GOC nevertheless has majorities
in both First Committees. Even doctrinaire leftist and
strong Pardo version supporter Senator Carlos Gaviria stated
publicly that he is willing to compromise with the GOC in the
search for peace. There appears to be much less agreement on
what the version coming out of the committees will look like.
Many insist that Article 64 is still potentially problematic
for extradition. The GOC has not yet agreed to modify
Article 64, and it appears ready to let the issue be decided
by the votes of the First Committees.
-------
COMMENT
-------
9. (C) For now there seems to be no provision that would
impede extradition, although the draft law's provisions could
put a cap on sentencing. Despite the apparent lack of
opposition to extradition, we will be on the lookout for
subtle changes or deletions in the text that would cloud
Colombia's ability to extradite drug traffickers in a
"sedition" mantle.
WOOD
=======================CABLE ENDS============================