US embassy cable - 04BOGOTA3894

S E C R E T BOGOTA 003894 
 
SIPDIS 
 
E.O. 12958: DECL: 04/16/2014 
TAGS: PREL, PGOV, KJUS, SNAR, CO 
SUBJECT: UPDATE ON COLOMBIAN DRAFT LEGISLATION TOUCHING ON 
EXTRADITION 
 
Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D. 
 
1.  (S) Summary:  The Colombian House of Representatives is 
close to a final vote on criminal procedure code reforms. 
The GOC, supported strongly by the Embassy, is pushing for 
status quo on the article that addresses extradition.  A 
sizable number of congressmen, however, continues to advocate 
new language that would add an oral evidentiary hearing to 
the extradition process.  Senior House players have assured 
us that the GOC will prevail in the House.  In addition, 
ranking senators have assured us the GOC would ultimately 
prevail in the Senate, which would be the final step in 
passage of legislation.  Nevertheless, we continue to monitor 
the situation as drug traffickers and paramilitaries are 
trying to influence both houses.  In a related development, 
38 members of Congress co-signed a legislative proposal to 
modify the Constitution to prohibit extradition of any 
individual who participates in an eventual peace process with 
the government.  As a Constitutional reform, this measure 
would face a higher vote hurdle for passage.  End Summary. 
 
2.  (C) The week of April 12 saw two sessions of debate in 
the House regarding reforms to the Criminal Procedure Code 
(Codigo de Procedimiento Penal).  Debate is set to resume on 
April 20.  A crucial item in the legislation is Article 518, 
which established procedures for the Supreme Court's role in 
the extradition process (Spanish texts faxed to WHA/AND). 
The House Constitutional Affairs Committee passed a reform 
proposal that would modify Article 518 to mandate an oral 
evidentiary hearing between the Court and the defense 
attorney of the potential extraditee.  The GOC, supported 
strongly by the Embassy, has pushed for maintaining Article 
518 intact.  Article 518 at present calls for Supreme Court 
written administrative review of the extradition request. 
The oral hearing element, according to Embassy and Colombian 
legal experts, would potentially subject the extradition 
process to questions, delays, and legal challenges.  Sabas 
Pretelt and Mario Iguaran, GOC Interior and Justice Minister 
and Vice Minister, respectively, maintained a near constant 
presence in the House during debate the week of April 13, in 
an effort to keep out damaging extradition language.  The 
Embassy also expressed U.S. opposition to legislators. 
 
3.  (C)  In a related development, on April 14, 
Representative Maria del Rocio Arias Hoyos, along with 38 
House and Senate co-sponsors (Senate membership is 102, House 
166), introduced into the House a proposal to prohibit 
extradition of any individual who "reincorporates into 
society by way of a peace process with the government." (Text 
faxed to WHA/AND).  The proposal is not currently on the 
formal congressional calendar.  As a Constitutional reform, 
the Arias proposal would require four rounds of approval, two 
in each house, and in back-to-back congressional periods 
(periods are March-June and July-December).  The second round 
in both houses would require qualified majority, i.e., 
majority vote of total members (vice quorum).  President 
Uribe appears to have enough members in both houses to 
prevent its passage. 
 
4.  (C) Comment:  The criminal procedure code legislation, 
once passed by the House, would need to be passed by the 
Senate prior to becoming law.  Speaker Alonso Acosta and Vice 
President Edgar Torres have assured us privately that the GOC 
will carry the day in the House.  Senate Constitutional 
Affairs Committee Chair Luis Gomez Gallo and member Andres 
Gonzalez (former GOC Justice Minister) tell us that any 
attempt to modify extradition will not make it out of their 
committee.  Nevertheless, the congressional scene is a 
complicated one, and ongoing tensions between the Executive 
and Legislative branches may complicate the GOC's ability to 
hold the line on extradition.  Fortunately, the Arias 
proposal (para 3), as a Constitutional reform, faces a higher 
vote threshold in the second round. 
 
5.  (S) Comment (continued):  Embassy has information 
indicating that both drug traffickers and paramilitaries may 
be attempting to influence senators and congressman.  Embassy 
will continue to monitor the situation and lobby against any 
and all modifications to extradition rules and procedures. 
WOOD