US embassy cable - 04BOGOTA12512

UNCLAS SECTION 01 OF 02 BOGOTA 012512 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR L/LEI - HCOLLUMS AND GHARRIS 
JUSTICE FOR DAAG WARREN 
JUSTICE FOR CRM/OIA - MDRODRIGUEZ, TBLACK, AND PJOSEPH 
 
E.O. 12958: DNG: UN 12/07/2014 
TAGS: PREL, KJUS, SNAR, CO 
SUBJECT: GOC REACTS STRONGLY TO U.S. ATTORNEY PRESS 
CONFERENCE ON GILBERTO RODRIGUEZ-OREJUELA EXTRADITION 
 
REF:  (A) STATE 249758 
 
      (B) BOGOTA 11862 
 
1.  (SBU) Late on December 6, Camilo Ospina, President 
Uribe's Legal Advisor, contacted the Ambassador to voice 
the President's strong concerns over the press conference 
by the U.S. Attorney for the Southern District of Florida 
on the extradition of Gilberto Rodriguez-Orejuela to the 
effect that Rodriguez-Orejuela would be tried for acts 
committed during the past 20 years.  (Colombian law 
prohibited extradition of Colombian nationals prior to 
December 17, 1997, so no activities prior to that date can 
be the subject of a U.S. trial under Colombian law.  The 
U.S. has provided assurances - Ref A - that we would abide 
by that condition of extradition.)  Interior and Justice 
Minister Sabas Pretelt de la Vega also contacted Judatt to 
protest the USA's comments, suggesting that the ability of 
the GOC to extradite Miguel Gilberto Rodriguez-Orejuela 
could be compromised.  Ambassador also spoke by phone with 
traveling FM Carolina Barco. 
 
2.  (SBU) On December 7, Ambassador was called to the MFA 
by Acting FM Jaime Giron and given a copy of a diplomatic 
note protesting the Florida statement and asking for 
rectification (text - para 4).  He noted that President 
Uribe wanted a public rectification very quickly because 
extradition was under heavy pressure in Colombia. 
Ambassador provided Giron with the just-arrived text of 
the Florida DOJ press release clarifying earlier 
statements during the meeting.  Giron expressed his 
satisfaction with the statement. 
 
3.  (SBU) Comment:  The GOC expressed serious concern 
about negative public reaction to the USA's comments and 
the potential arguments they might give to defense 
attorneys defending clients from extradition (notably 
Miguel Rodriguez-Orejuela, Simon Trinidad, and alias 
Sonia).  End Comment. 
 
4.  (U) Begin informal translation of GOC dipnote: 
 
Mr. Secretary: 
 
I want to express to Your Excellency the surprise and deep 
concern with which the Colombian Government learned of the 
press release of Federal Prosecutor Marcos Daniel Jimenez, 
after the appearance of Gilberto Rodrguez Orejuela before 
the Federal Court for the Southern District of Florida, 
according to which Mr. Rodriguez Orejuela would be 
prosecuted in Miami for charges previous to 1997, 
contravening the conditions established by the Colombian 
Government when it authorized his extradition to the 
United States of America. 
 
For the Government of Colombia, it is important to protect 
the extradition process as an effective bilateral 
mechanism to combat organized transnational delinquency 
and, in this context, the scourge of drug trafficking. 
For this reason we want to draw attention to the 
commitment undertaken by the Petitioner State to conform 
to the conditions under which the Government of Colombia 
granted the extradition.  This aspect deserves special 
treatment by United States' authorities in order to 
guarantee the strictest compliance. 
 
The Government of Colombia granted the extradition based 
on the understanding that the requested person would be 
neither judged for any act previous to that which 
motivated the extradition, nor subject to sanctions 
different from those imposed in the sentence.  In 
addition, if according to the laws of the Petitioner 
State, the crime that motivated the extradition carries 
the death penalty, the extradition would only take place 
with the condition of commutation of the penalty, and 
equally, also as a condition, that the person extradited 
would not be subject to forced disappearance, torture or 
cruel, inhuman or degrading treatment or punishment, or 
exile, life imprisonment and confiscation. 
 
The above is based on the current Colombian criminal 
justice system (Article 512 of the Colombian Criminal 
Procedure Code) and on Ruling C-1106 of August of 2000 of 
the Colombian Constitutional Court, according to 
requirements of Articles 11, 12, and 34 of the 
Constitution. 
 
I would be very grateful if Your Excellency would transmit 
to your Government the distress generated in Colombia by 
Prosecutor Marcos Daniel Jimenez's declarations, as well 
as the importance of adopting the necessary measures to 
guarantee the fulfillment of the conditions under which 
the extradition was granted and that the United States of 
America accepted in its Diplomatic Note 2970 of December 
3, 2004. 
 
I avail my self of this opportunity to renew to Your 
Excellency the assurances of my highest and most 
distinguished consideration. 
 
End translation.  WOOD