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Cablegate: Goc Actions to Protect Human Rights

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RR RUEHWEB

DE RUEHBO #9704/01 2912236
ZNR UUUUU ZZH
R 182236Z OCT 06
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 0042
INFO RUEHCV/AMEMBASSY CARACAS 8368
RUEHLP/AMEMBASSY LA PAZ OCT LIMA 4415
RUEHQT/AMEMBASSY QUITO 5083
RUEHGL/AMCONSUL GUAYAQUIL 3744
RUEHGV/USMISSION GENEVA 1390

UNCLAS BOGOTA 009704

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV CO
SUBJECT: GOC ACTIONS TO PROTECT HUMAN RIGHTS

REF: BOGOTA 9445

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SUMMARY
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1. The GOC took important steps over the last five months to
strengthen human rights protections. The Prosecutor
General's Office (Fiscalia) and military signed an agreement
(MOU) on June 14 giving the Fiscalia the responsibility to
investigate cases of alleged military abuses of human rights
and to make a preliminary determination on jurisdiction.
Fiscalia officials say the MOU is working well. Defense
Minister Santos announced an initiative to reform the
Military Penal Justice System (MPJ) and appointed the first
civilian, a woman, to head the MPJ. The GOC made 14 arrests
in three cases of alleged extrajudicial killings over the
past two months and issued an implementing decree on the
Justice & Peace law (JPL) that closely tracks the May
Constitutional Court ruling on the JPL. On October 17, the
GOC, with labor support, dedicated almost 100 prosecution
personnel to combat violence against trade unionists. End
summary.

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PROSECUTOR GENERAL AND MOD SIGN JURISDICTIONAL MOU...
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2. On June 14, the Fiscalia signed a memorandum of
understanding (MOU) with the Ministry of Defense (MOD) giving
the Fiscalia the conduct of all investigations of alleged
human rights violations committed by the military as well as
the authority to make the initial decision on jurisdiction.
The GOC has applied a 1997 court decision, which ordered the
civilian courts to handle alleged human rights violations
committed by the military, but which did not preclude the
military and civilian courts from disagreeing over what
constituted human rights violations. In such cases, the
Supreme Judicial Court made the final jurisdictional ruling.
These disputes lead to time-consuming jurisdictional battles,
with both the military and civilian courts wasting valuable
resources conducting separate, conflicting investigations.
The MOU does not settle all jurisdictional issues, but it
eliminate investigative conflicts. Fiscalia International
Affairs director Maria Cabal told us September 29 the MOU is
working well. The Fiscalia and the MOD signed the MOU after
the army's killing of 10 police officers in Jamundi in May.

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..AND FURTHER MILITARY JUSTICE REFORM ON THE WAY
--------------------------------------------- ---

3. In October, Minister of Defense Juan Manuel Santos
announced that reform of the Military Penal Justice System
(MPJ) would be a top priority. He also appointed the first
civilian, Luz Marina Gil, to head it. She began duties on
October 4. Under the reform proposal, MOD Santos formed a
working group with participation from the US, UK, Dutch,
Spanish, and Swedish governments.

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EXTRAJUDICIAL KILLING ALLEGATIONS LEAD TO 14 ARMY ARRESTS
--------------------------------------------- ------------

4. In September, the Fiscalia arrested an officer, an
noncommissioned officer (NCO), a corporal, and two soldiers
for their alleged role in an October 2005 extrajudicial
killing. They also arrested an officer, an NCO, and six
soldiers for their alleged role in an extrajudicial killing
in February 2004. In August, the Fiscalia arrested an NCO
and three soldiers implicated in an August 2003 extrajudicial
killing.

--------------------------------------------- --------
JUSTICE & PEACE LAW IMPLEMENTING DECREE WELL RECEIVED
--------------------------------------------- --------

5. On September 29, the GOC published a Justice and Peace
Law implementing decree, which has garnered positive reaction
from the public and human rights watchers. The decree
closely tracks the Constitutional Court decision issued on
May 13, and incorporates many of the concerns the Ambassador
raised with senior GOC officials. The decree, for example,
includes a provision requiring demobilized paramilitaries to
provide a full and truthful account of their criminal
activities.
--------------------------------------------- --------------
PROSECUTOR GENERAL PURSUES OFFICIALS WITH PARAMILITARY TIES
--------------------------------------------- --------------

6. The Fiscalia is investigating and arresting government
officials tied to ex-paramilitary leader, "Jorge 40". In
September, the Fiscalia arrested four deputies in Sucre
Department linked to the murder of Professor Alfredo Correa
de Andreis in Barranquilla. The Prosecutor General's Office
also provided evidence to the Supreme Court of Justice, the
institution that reviews criminal cases against members of
Congress, against three senators implicated in Jorge 40's
files: Dieb Maloof, David Char, and Javier Caceres. In
addition, the GOC formally announced the launch of an
investigation of Jorge 40 for murder and began the trial of a
key Jorge 40 lieutenant. The investigation based on Jorge
40's computer has just begun; we expect more arrests in the
future.

--------------------------------------------- -----------
GOC, LABOR LEADERS LAUNCH NEW PROJECT TO COMBAT IMPUNITY
--------------------------------------------- -----------

7. On October 17, the GOC implemented a new, 1.5 million USD
program to dedicate almost 100 investigative and prosecutory
personnel to approximately 150 cases of violence against
trade unionists, selected by three trade confederations. The
initiative involves 14 specialized teams consisting of one
prosecutor, three Investigative Body (CTI) investigators, and
three national police officers. All three trade
confederation heads praised the accord, with the United
Worker's Confederation (CUT) president Carlos Rodriguez
proclaiming, "Never, in the history of Colombia, have we
achieved something so important to fight impunity." The
project is one of the provisions of the ILO Tripartite Accord
signed in Geneva last May, and is aimed at eventually ending
the backlog of 1,165 cases of violence against trade
unionists, collectively referred to as "ILO Case 1787."
DRUCKER

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