US embassy cable - 04BOGOTA3775

UNCLAS SECTION 01 OF 02 BOGOTA 003775 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER, KJUS, PHUM, PINR, CO 
SUBJECT: NEW "LAW OF JUSTICE AND COMPENSATION" SUBMITTED TO 
CONGRESS 
 
REF: BOGOTA 3346 
 
 1. (U) At an April 12 meeting with the local diplomatic 
corps, High Commissioner for Peace Luis Carlos Restrepo 
provided the following detailed sequence for the operation of 
the draft &Law of Justice and Compensation,8 a new version 
of the previous &alternative sentencing" or "conditional 
parole" law, which establishes the legal framework for peace 
talks with all illegal armed groups, most immediately with 
illegal self-defense forces, otherwise known as 
paramilitaries (reftel).  The law (sent to WHA/AND) should be 
debated in Congress within the next two weeks.  The 
government believes it has the votes to pass the law.  During 
the briefing to more than 80 ambassadors, Restrepo reiterated 
that extradition was not on the table in negotiations with 
the paramilitaries. 
 
2. (U) The proposed legal approach would function as follows: 
 
-------------------------- 
Preconditions for Benefits 
-------------------------- 
 
a. An illegal armed group (IAG) declares and fulfills a 
cease-fire and signs a peace agreement with the government. 
 
b. The IAG provides a list of members who are potential 
beneficiaries of the Law of Justice and Compensation 
(exclusively for crimes related to the IAG's activities). 
 
c. The government reviews the list and submits it to the 
Fiscalia (Prosecutor General's Office) for investigation and 
prosecution and to the newly constituted "Tribunal for Truth, 
Justice, and Compensation" for eventual judgment and 
sentencing.  The Tribunal will require each potential 
beneficiary to provide restitution to victims, pay 
compensation, and cooperate in peace-making. 
 
-------------------------------------------- 
First Stage with the Fiscalia: Investigation 
-------------------------------------------- 
 
d. A special unit of prosecutors from the Fiscalia reviews 
all open investigations against each potential beneficiary. 
 
e. The unit combines all these legal proceedings into one 
case and completes the investigation. 
 
f. The investigation results in either an indictment (in 
cases that, under normal circumstance, would go to trial) or 
a plea bargain. 
 
g. The unit submits its findings to the Tribunal. 
 
--------------------------------------------- --------- 
First Stage with the Tribunal: Judgment and Sentencing 
--------------------------------------------- --------- 
 
h. The Tribunal canvasses judges throughout the country for 
pending charges and prior convictions against the potential 
beneficiary. 
 
i. The Tribunal combines all pending charges into one case 
and determines a single finding of responsibility for each 
potential beneficiary. 
 
j. It combines this judgment with any prior convictions and 
issues one consolidated sentence for each individual. 
 
k. The Tribunal submits an opinion to the President for each 
potential beneficiary, with a recommendation on whether or 
not an individual should benefit from an alternative sentence. 
 
------------------------- 
First Presidential Review 
------------------------- 
 
l. The President reviews the Tribunal's opinion. 
 
m. The President cannot overrule a recommendation against 
granting an alternative sentence. 
 
n. The President decides who will benefit among those 
recommended for an alternative sentence. 
 
o. The President returns the approved list to the Tribunal. 
 
--------------------------------------------- --------- 
Second Stage with the Tribunal: Alternative Sentencing 
--------------------------------------------- --------- 
 
p. The Tribunal issues an alternative sentence to each 
beneficiary (between five and ten years in confinement). 
 
q. The Tribunal suspends the remainder of the original 
sentence. 
 
r. The Tribunal determines what reparations the beneficiary 
must make to victims. 
 
s. The Tribunal determines what peace-making activities the 
beneficiary must undertake. 
 
t. The Tribunal imposes auxiliary punishments, such as a 
suspension of the right to carry a firearm or hold elected 
office. 
 
u. The Tribunal submits its decision to the President. 
 
-------------------------- 
Second Presidential Review 
-------------------------- 
 
v. The President determines where the beneficiary will serve 
the alternative sentence. 
 
--------------------------------------- 
Fulfillment of the Alternative Sentence 
--------------------------------------- 
 
w. After completing the alternative sentence and fulfilling 
all other obligations, a beneficiary enters a period of 
supervised parole that last for either five (if the 
alternative sentence was for less than six years) or ten 
years (if the alternative sentence was for six or more 
years). 
 
x. If a beneficiary fails to comply with his or her parole 
conditions, including eschewing criminal activity and 
complying with auxiliary punishments, the alternative 
sentence will be revoked and the original sentence reimposed. 
 
y. If a beneficiary complies with all parole conditions, he 
or she will be released without further obligations beyond 
those of any other citizen. 
 
3.(U) The law would expire on December 31, 2006 (almost five 
months after President Uribe's term is over).  Both the 
Brazilian and the Italian representatives questioned whether 
this would give the IAGs more than two years to continue to 
commit atrocities.  Restrepo said the GOC had considered that 
possibility and the alternatives, and in the end had decided 
that providing an ultimatum with a reasonable, but limited, 
time for the law's implementation was the best approach.  He 
also said that the GOC wanted to time the law so that the 
next government, which will take office in August 2006, could 
evaluate its results and seek any changes it wanted. 
WOOD