US embassy cable - 04BOGOTA9325

UNCLAS BOGOTA 009325 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, KJUS, CO 
SUBJECT: PRESIDENT SIGNS REVISED CRIMINAL PROCEDURE CODE 
INTO LAW 
 
REF: BOGOTA 6350 
 
1. (U) On August 31, President Uribe signed into law a 
new criminal procedure code consistent with Colombia's 
transition to an accusatory criminal justice system. 
Approval of the code by the Colombian Congress was a 
somewhat novel example of cooperative relations between 
the GOC and both houses of Congress.  The new code 
imposes dramatic changes in the roles of judges, 
prosecutors, police, and defense attorneys, as well as 
new methods for the presentation of evidence, i.e., in 
oral, public trials.  It will be introduced gradually 
throughout the country over the next four years, 
beginning in 2005 in the cities of Bogota, Armenia, 
Manizales, and Pereira. 
 
2. (SBU) The code is not perfect, and several provisions 
are problematic, including sections authorizing 
representatives of the Inspector General's Office 
("Procuraduria") to participate in court proceedings (a 
holdover from the current criminal justice system and 
expression of political power by the Procuraduria), 
limiting prosecutorial discretion, and complicating 
prosecutors' ability to obtain cooperative witnesses in 
narcotics, terrorism, and human rights cases.  On 
balance, however, the code is stronger than most codes in 
Latin American countries that have adopted accusatory 
systems. 
 
3. (SBU) The conversion to an accusatory system will be 
complicated.  Moreover, although the Prosecutor General's 
Office ("Fiscalia") and law enforcement agencies are 
generally well prepared for the transition, serious 
concerns remain about the preparedness of the judiciary 
and the support of the public defenders system. 
 
4. (SBU) Current Prosecutor General Luis Camilo Osorio 
has been very supportive of the transition and 
instrumental in the development of the new code.  His 
term of office, however, ends in July 2005.  Osorio's 
replacement will have a major impact on the 
implementation process.  Continued high levels of USG 
assistance to Colombia's judicial system, including 
training, technical assistance, and political and 
financial support remain critical to the success of the 
conversion. 
DRUCKER