US embassy cable - 05BOGOTA2563

UNCLAS BOGOTA 002563 
 
SIPDIS 
 
STATE FOR WHA/AND - DHENIFIN, SBELL 
STATE FOR L/LEI - HCOLLUMS AND GHARRIS 
JUSTICE FOR CRM/OIA - MDRODRIGUEZ, TBLACK, AND PJOSEPH 
 
E.O. 12958: N/A 
TAGS: KJUS, KCRM, SNAR, PREL, CO 
SUBJECT: Colombia's First Oral Trial 
 
 
1.  On March 11, the first trial under the new Criminal Procedure 
Code took place at "Paloquemao", the main local judicial district 
and courthouse in Bogota.  A standing-room only crowd of about 60 
people watched this historic event, including television and 
print media and the Deputy Prosecutor General (Vice Fiscal).  The 
case involved a carjacking, with three charges against the 
accused: kidnapping, aggravated theft, and carrying a weapon 
without a license.  The trial started at 9:00 a.m., finished at 
12:30 p.m., and the judge returned his verdict shortly after 1:00 
p.m.: guilty on all counts. 
 
2.  For a first trial under the new Code, it went remarkably 
well.  While there were certain technical aspects in need of 
improvement, the proceeding was impressive considering the 
novelty of such trials.  The judge did a very good job presiding, 
assuming the role of impartial arbiter of fact and law.  The 
prosecutor laid out his case clearly and argued it well.  The 
accused was represented by a private attorney who clearly lacked 
experience or training in the new Code.  The participation of the 
Office of the Inspector General (Procuraduria) was awkward from 
an accusatory perspective, as it essentially introduced a third 
party into an adversarial hearing, with a tremendous potential 
for disruption and confusion.  However, the participation was 
minimal and the judge controlled it effectively. 
 
3.  As with the initiation of the implementation of the new Code 
in January, this first trial also presented a positive image. 
The process was orderly, the presentation of evidence took place 
through testimony in open court through direct and cross- 
examination, and a decision on culpability was rendered quickly. 
The judge, prosecutor and (we believe) two of the testifying 
police officers all received USG training, demonstrating the 
positive impact of our assistance.  Additional issues and 
problems will no doubt arise as more trials take place, 
particularly in the presentation of more complex crimes. 
However, this trial was a good start. 
WOOD