US embassy cable - 05BOGOTA3235

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 003235 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 04/05/2015 
TAGS: KJUS, MOPS, PHUM, CO, Military Justice, Human Rts 
SUBJECT: MILITARY JUSTICE REFORM MOVES FORWARD 
 
REF: BOGOTA 001705 
 
Classified By: Ambassador William B. Wood; reasons 1.4 
(b) and (d) 
 
1. (U) This is an action request.  See para 8. 
 
2. (C) Summary: Director of Military Penal Justice (MPJ) 
Brigadier General Luis Fernando Puentes told Emboff on March 
16 that the "shock" reform package (reftel) would be 
submitted to Congress this week.  In preparation for the 
rollout, Puentes and his public relations officers met with 
domestic and international audiences to garner support.  He 
claimed that this first reform package, which would establish 
an administrative process for service-related crimes, could 
be a critical stopgap to stabilize the overburdened system. 
The second reform package, slated for a July Congressional 
review, would improve the long-term functioning of the 
institution, according to Puentes.  He has said privately and 
publicly that, "Without reform, we are dead."  He has 
requested Embassy assistance to convince both Congress and 
the Minister of Defense of the urgency of reform.  End 
summary. 
 
3. (C) In preparation for the MPJ reform package submission 
to Congress, General Puentes made several public 
presentations in an attempt to win support from domestic and 
international audiences.  His first presentation was to 
defense attaches accredited in Colombia on March 14.  Puentes 
told attendees about an interactive compact disk he developed 
that offers basic information about military justice 
procedures.  He also solicited information about 
international and public opinion of Colombian military 
justice.  After the briefing, the Mexican Military and Air 
Attache BG Rogelio Patino advised Puentes that Mexico had a 
successful, well-respected system which incorporates Puentes' 
proposed changes.  He added that the Colombian military 
justice system needed an investigative body and defense (JAG) 
corps.  Puentes later told Poloff that he hopes the reforms 
create a system that works as well as Mexico's and 
acknowledged that Mexico is a model of what he hopes MPJ will 
become. 
 
4. (U) On March 18, Puentes held a second briefing for 
Colombian journalists who regularly cover military issues. 
Most major print and other media attended.  Over breakfast, 
Puentes stressed the importance of creating a means of public 
defense for military officials charged under the MPJ system. 
He cited several cases where soldiers and their families went 
into financial ruin because of prohibitions against military 
defense lawyers.  (Note: In 1996, the Constitutional Court 
found that military lawyers could not defend military 
officials, so the accused must seek independent civilian 
council.)  Puentes then raised the issue of eliminating the 
case backlog by creating a more streamlined administrative 
process.  The press responded with only a couple of questions 
about specific problems raised during the presentation. 
 
5. (C) In a separate meeting with Poloffs on March 16, 
Puentes expounded on the need for immediate reforms to the 
system.  As an attempt to become more transparent to the 
public, his office was setting up a website to highlight 
military justice issues.  The site 
(www/justiciamilitar.gov.co) is not active yet.  Puentes 
discussed his plans to submit the first package of reform 
proposals to Congress the week of March 28.  Puentes said he 
believed the reforms, which the Minister of Defense (MOD) 
blessed in early March, would be able to pass Congressional 
debate and smooth the path for future reforms.   He described 
the reform as a way of dealing with service-related crimes 
such as desertion, insubordination, and abuse of authority. 
Puentes claimed that the "shock" reform was necessary to halt 
an exponential case backlog and save the system. 
 
6. (C) Assuming the "shock" passes congress, Puentes plans to 
submit a second, more extensive reform proposal on July 20, 
to create a military investigative body, military defense 
corps and a yearly budget for the system, as well as convert 
the system to an accusatorial one.  Military justice does not 
have a budget for 2005 and has to rely on the branches of the 
military to provide funding for all basics. 
 
7. (C) A Southcom representative is slated to visit in mid 
April to discuss bilateral assistance for military justice. 
Although Puentes was positive in his public presentations, in 
private he seemed disheartened by the lack of support and 
money for reform.  He asked for U.S. help in developing a 
political strategy and U.S. support in winning over the MOD. 
Puentes also asked for U.S. Embassy support in lobbying the 
Colombian Congress. 
 
8. (C) Action Request:  Military justice reform has become an 
important part of the fight for human rights and against 
corruption in the military.  Post requests senior USG 
officials make this a regular part of their discussions with 
Colombian policy officials in both civilian and military 
roles.  In addition, the importance the USG attaches to this 
should be raised with Colombian Ambassador to the U.S. Luis 
Alberto Moreno soon. 
WOOD