US embassy cable - 05BOGOTA3925

C O N F I D E N T I A L BOGOTA 003925 
 
SIPDIS 
 
E.O. 12958: DECL: 04/19/2025 
TAGS: PHUM, MARR, CO, Military Justice 
SUBJECT: MILITARY JUSTICE EXONERATES SOLDIERS INVOLVED IN 
GUAITARILLA CASE 
 
REF: A. 04 BOGOTA 8899 
 
     B. BOGOTA 3235 
 
Classified By: Ambassador William B. Wood for reasons 1.4 (b) 
and (d). 
 
 1. (U) On April 16, the Supreme Military Tribunal, an 
appellate court for all service-related crimes, exonerated 
members of the Army involved in an operation the night of 
March 19, 2004, near the village of Guaitarilla, Narino 
Department.  The operation resulted in a friendly-fire 
incident that left seven police and four civilian guides 
dead.  The Tribunal ruled that the soldiers' actions were not 
characterized by any irregularities and that the incident was 
an authorized military operation.  The Prosecutor General's 
Office ("Fiscalia") and the Inspector General's Office 
("Procuraduria") are still investigating allegations that the 
soldiers tampered with evidence in the case.  Both offices 
are also conducting investigations into allegations that the 
police and civilians who were killed were in the area to pick 
up a shipment of cocaine. 
 
2. (C) Military Justice System Director Luis Fernando Puentes 
self-servingly claimed to Poloff that the Guaitarilla case 
was an excellent example of expeditious military justice, 
since the investigation and initial criminal trial took only 
four months.  However, he said the case would have advanced 
even faster if the military had its own investigative lab, 
since much of the case processing time was spent waiting for 
the civilian investigative lab to complete work on other 
cases before dealing with the Guaitarilla evidence.  He also 
argued that the military should be able to collect evidence 
at the crime scene to prevent tampering.  Puentes said he 
timed the public announcement of the Guaitarilla decision so 
that it coincided with the presentation of military justice 
reforms to the Congress (ref B). 
 
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Comment 
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3. (C)  The incident is shrouded in a fog of accusations and 
mystery.  It occurred on a heavily forested road and had the 
appearance of an ambush.  There seems little question that 
one or another of the military and/or police had connections 
with the drug trade, but those connections were also lost in 
the mist.  In addition, apparently both the military and 
police were violating their respective rules and procedures. 
The civilian investigations may make headway into the truth 
of this dark episode, but even that is uncertain.  Very few 
in Colombia will accept the military justice verdict as the 
last word. 
WOOD