US embassy cable - 05BOGOTA2650

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 002650 
 
SIPDIS 
 
E.O. 12958: DECL: 03/18/2015 
TAGS: PHUM, PINR, PREL, CO 
SUBJECT: UNHCHR FRUHLING DISCUSSES HUMAN RIGHTS REPORT WITH 
DIPLOMATIC COMMUNITY 
 
REF: A. BOGOTA 2564 
     B. BOGOTA 1958 
 
Classified By: Ambassador William B. Wood Reasons 1.4 (b) and (d) 
 
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Summary 
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1. (C) On March 18, Michael Fruhling, Director of the 
Colombia Office of the United Nations High Commissioner for 
Human Rights (UNHCHR) briefed the diplomatic community on his 
recently released report on the human rights situation in 
Colombia.  Fruhling gave a brief overview of the report and 
recommendations, and also discussed the UN's input (at GOC 
request) into the demobilization law currently before the 
Colombian Congress.  Post believes that the report will be 
cited by some members of the EU to toughen the chair 
statement on Colombia at the Commission on Human Rights (CHR) 
next month.  End summary. 
 
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Discussion of UNHCHR Report 
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2. (U) On March 18, Michael Fruhling, Director of the 
Colombia Office of the United Nations High Commissioner for 
Human Rights (UNHCHR), met with the diplomatic community to 
discuss the UNHCHR,s 2004 human rights report, publicly 
released on March 11.  As reported in Ref A, the report 
describes the human rights situation as "critical" due to 
continued allegations of extrajudicial killings, torture, and 
arbitrary detentions committed by state security forces. 
Violations of international humanitarian law, particularly by 
the FARC and paramilitaries, also continued in 2004.  On the 
recommendations, Fruhling noted the results for 2004 were 
"mixed and varied," and that the High Commissioner had issued 
another 27 recommendations for 2005. 
 
3. (C) In response to a question from the Argentine 
representative on differences between the 2003 and 2004 
reports, Fruhling spoke primarily of the need for the 
development of a system of public statistics that adequately 
covers human rights violations and breaches of international 
humanitarian law, including violations by the security forces 
(refs A and B).  Regarding the demobilization law, Fruhling 
stressed that the High Commissioner continues to call for a 
law that guarantees the rights to truth, justice and 
reparation for victims, and ensures there will be no impunity 
for perpetrators of crimes against humanity and war crimes. 
 
 
4. (C) Embassy Polcouns raised some concerns with the report, 
which appeared to move the UN away from a neutral observer. 
Among other things, he questioned whether it was germane to 
include a discussion of the re-election debate in the text; 
the erroneous implication was that if the GOC had spent less 
time on this issue, the human rights situation would be 
better.  He questioned why there was only a brief reference 
to the new accusatory system, a fundamental and positive 
reform in the judicial system.  He noted that the report's 
description of the problems created in the application of 
international humanitarian law by the GOC refusing to use the 
term "internal armed conflict" had been publicly disputed by 
the International Committee for the Red Cross (ICRC). 
Similarly, the report's reference to "high levels of torture" 
committed by the security forces (only one example of 
mistreatment provided in the text) had also been disputed 
albeit privately by the ICRC.  The UNHCHR was talking to NGOs 
about incidents of torture and the ICRC was talking to actual 
victims.  As well, the report's characterization of the 
status of the paramilitaries in the country was subject to 
interpretation and should not have been presented as fact. 
Fruhling took note of the comments but insisted that his 
office takes no political stance and merely reports what it 
sees happening in the country. 
 
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Legal Framework for Peace Process 
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5. (C) Fruhling also discussed the ongoing debate regarding a 
legal framework for the peace process.  He noted that an 
adequate framework must offer certain incentives and judicial 
benefits for demobilized combatants and would not result in 
impunity for those who have committed grave violations of 
human rights.  The framework, which would be used for all 
future peace processes in Colombia, must also guarantee 
truth, justice and reparations for victims.  Fruhling added 
that the UN has provided technical advice to the GOC on the 
drafting of the latest versions of the law, and some of their 
suggestions have been included.  He also noted that Colombia 
has the chance to design and create a legal framework that 
could be used in future related situations. 
 
6. (C) The British Ambassador said that civil society needs 
to participate in the creation and adoption of this law, as 
occurred in Northern Ireland where a referendum was held.  He 
added that Colombian citizens are the only ones who can 
decide what the "price for peace" is, and this decision must 
then be accepted by the international community.  Fruhling 
agreed, adding that the UN office is available to provide 
assistance and advice to GOC on international law and 
standards.  The Peruvian Ambassador raised the issue of 
individual confessions, noting they had had been used 
successfully in Peru.  Fruhling responded that the UN was not 
against individual confessions, but the law needed to have a 
collective context. On extradition, Fruhling said this was 
one of the positive effects of globalization, and it was 
important the extradition existed.  On the International 
Criminal Court (ICC), he noted the ICC's jurisdiction is only 
complementary to local justice, it does not replace it. 
 
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Comment 
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7. (C)  The report will be used as ammunition by certain 
members of the G-24, especially Canada, France and Sweden, to 
toughen up the soon-to-be-drafted chair's statement on 
Colombia at the Commission on Human Rights.  Bogota-based 
representatives from these countries have told us they are 
coming under increasing pressure by their NGO communities to 
"remedy" in Geneva the "weak" and "pro-GOC" Cartagena 
Declaration released February 3 at the international donors 
conference for Colombia. 
WOOD