US embassy cable - 05BOGOTA3926

C O N F I D E N T I A L SECTION 01 OF 04 BOGOTA 003926 
 
SIPDIS 
 
E.O. 12958: DECL: 04/21/2015 
TAGS: PTER, KJUS, PREL, PINR, PGOV, CO 
SUBJECT: MININSTER PRETELT DISCUSSES ASSET FORFEITURE, 
DEMOBILIZATION, AND DIEGO MONTOYA 
 
 
Classified By: Ambassador William B. Wood for reasons 
1.4 (b) and (d) 
 
------- 
Summary 
------- 
 
1. (C) On April 20, Minister of Interior and Justice Sabas 
Pretelt requested a meeting with the Ambassador to discuss: 
(1) GOC frustration with U.S. delays in responding to a 
request for a percentage of assets seized from Colombian drug 
traffickers by the U.S; (2) paramilitary commanders' 
complaints about the Law for Justice and Peace and GOC plans 
to add an article making membership in a paramilitary group a 
political crime; (3) a letter from drug trafficker Diego 
Montoya wanting to negotiate his surrender to the U.S. 
Pretelt said he would respond that the USG does not negotiate 
with drug traffickers.  At the request of the Ambassador, 
Pretelt agreed to investigate and resolve why the drug store 
chain formerly owned by the Rodriguez Orejuela family was 
still under its original narco-tainted management.  End 
Summary. 
 
------------------------------------ 
Seized Assets and Drogas a la Rebaja 
------------------------------------ 
 
2. (C) Pretelt expressed frustration with delays in a U.S. 
response to his request that Colombia receive a percentage of 
assets seized from Colombian drug traffickers by the U.S.  He 
showed the Ambassador a 1990 agreement that said the USG 
could ("podr") give the GOC seized assets, a percentage of 
the assets, or money from their sale when the GOC provided 
assistance (see paragraph 10 for informal translation of the 
1990 agreement).  According to the agreement, the transfer of 
goods is based on internal U.S. law and the amount of help 
the GOC provided and how much risk it faced in doing so. 
Pretelt would like to receive up to 50 percent.  The 
Ambassador pointed out that, although he agreed Colombia 
should receive a fair percentage in a timely manner, the 
amount would be decided on a case-by-case basis. 
 
3. (C) The Ambassador suggested that the Colombian Embassy in 
Washington reach out to the U.S. Department of Justice, 
ideally with clear examples of cases in which the GOC 
believes it deserves compensation.  He said the issue would 
likely be on the agenda for the U.S. Attorney General's 
tentative visit to Colombia this summer.  The Ambassador also 
urged the GOC to take advantage of assets seized in Colombia. 
 Pretelt noted that there are five judges working on asset 
forfeiture cases and, since he took office last year, they 
have processed 200 cases, compared to 30 in 2003 and six 
during the Pastrana administration. 
 
---------------- 
Drogas La Rebaja 
---------------- 
 
4. (C) The Ambassador raised U.S. concern regarding recently 
acquired information that suggested the seized drug store 
chain, Drogas La Rebaja, was still under the same management 
as it was when the Rodriguez Orejuela family owned it and 
used it to launder money.  The USG issued a decree 
authorizing U.S. firms to do business with La Rebaja based on 
GOC assurances that it would be given new management and 
under full government control.  However, the original 
management has still not been fired, the lead manager has 
blocked government authorities from accessing the company's 
computers, and the sons of Miguel and Gilberto 
Rodriguez-Orejuela have created eight new front companies to 
sell items to La Rebaja.  Pretelt responded immediately, 
making several phone calls to various offices, including to 
the Prosecutor General's Office, and setting up meetings for 
the following day to address the issue.  Pretelt's calls 
resulted in commitments from several senior GOC officials to 
act on this issue immediately. 
 
--------------------- 
Justice and Peace Law 
--------------------- 
 
5. (C) Pretelt reported that he spent six hours on April 16 
discussing the draft Justice and Peace Law with the 
commanders of the United Self Defense Forces of Colombia 
(AUC).  He said the commanders are willing to spend time in 
jail, but want to be able to enter politics after serving 
time.  The Colombian constitution, however, bars any 
convicted criminal from holding a variety of elected offices, 
including Congressman or Governor.  Pretelt is working with 
his advisers to find a solution. 
 
6. (C) The AUC also want the same treatment under the law as 
guerrilla groups.  The GOC will continue to try to add an 
article to the draft that membership in a paramilitary group 
is an act of sedition, which is a political crime.  Without 
such a clause, paramilitarism is a common crime, which cannot 
be pardoned, while membership in a guerrilla group is a 
pardonable political crime.  Pretelt emphasized that this 
would not enable the AUC to claim their major crimes, 
including drug trafficking, were connected to the crime of 
sedition and therefore not extraditable.  The Ambassador said 
the U.S. was less concerned about paramilitarism being a 
political crime as long as there was no juridical connection 
to serious crimes in the law and no possible loophole to 
avoid extradition. 
 
7. (C) The Ambassador reiterated the importance of a law that 
would guarantee reparations to victims, require adequate jail 
time for beneficiaries, and not impede extradition.  He 
emphasized that proper implementation of the law would be key 
to the international community's approval.  His primary 
concern with the text that passed in Committee was a clause 
that allowed criminals to receive alternative sentences for 
crimes they did not initially admit.  Pretelt said he 
expected the debate in the plenary to begin the week of April 
25. 
 
------------------------- 
Diego Montoya Tries Again 
------------------------- 
 
8. (C) After sending two letters to Peace Commissioner Luis 
Carlos Restrepo, drug trafficker Diego Montoya sent a letter 
to Pretelt, via a Cali-based restaurant owner, offering to 
turn himself in to U.S. authorities in exchange for 
concessions, including the transfer of his extradited family 
members to La Picota Prison in Colombia.  The Ambassador 
responded that the U.S. does not negotiate with criminals 
until after they are in custody.  Pretelt said he would 
answer the mail by stating that: (1) the USG will not 
negotiate with Montoya, and (2) only after he voluntarily 
turns himself in could he be eligible to discuss sentence 
reductions, family visitations, and other benefits.  Pretelt 
emphasized his commitment to helping the USG arrest Montoya. 
 
9. (C) Unofficial translation of Montoya letter: 
 
Begin Text: 
 
Colombia, April 7, 2005 
 
Mr. Minister of Interior and Justice - Doctor Sabas Pretelt 
de la Vega, 
 
I, Diego Leon Montoya Sanchez, national identification number 
16,348,515 from Tulua, use my right as a citizen to notify 
you, Mr. Minister, of my firm intention and decision to 
negotiate, along with my family members who have been 
affected by this process, with Colombian and American justice 
for a just and dignified surrender. 
 
Mr. Minister, my brother Juan Carlos Montoya and my cousin 
Carlos Felipe Toro, along with any other member of my 
organization, reiterate that we are disposed to contribute to 
national peace.  Mr. Minister, in the event that our proposal 
for surrender is accepted, Juan Carlos and Felipe are 
authorized to be spokesmen for my organization to negotiate 
the agreement.  Mr. Minister, if my proposal is accepted I 
beg you to make possible the transfer of my family members to 
La Picota prison, which would be the most appropriate 
location to carry out this process.  As a signal of my 
absolute and immediate willingness, my signature is below. 
 
Signed: 
Diego Leon Montoya S. 
# 16,348515, Tulua 
 
End Text 
----------------------- 
Asset Seizure Agreement 
----------------------- 
 
10. (U) The following is an unofficial translation of the 
1990 agreement on the distribution of seized assets. 
 
Begin Text: 
 
Memorandum of Understanding between the Government of 
Colombia and the Government of the United States of America 
 
Given the commitment of both governments to act together in a 
spirit of cooperation as laid out in instruments, such as the 
Cartagena Declaration and the Political Declaration and 
Global Action Plan for the Fight Against Drug Trafficking 
approved on the seventeenth period of the extraordinary 
session of the United Nations; 
 
Recognizing the continuous action of the Government of 
Colombia in the fight against drug trafficking; and 
 
Wanting the best effectiveness in the application of the law 
in both countries with respect to drug trafficking, and 
investigation, adjudication, and seizure of goods and 
services derived from drug trafficking; 
 
Agree to the following: 
 
The Government of Colombia, continuing its policy of 
cooperation with the United States of America, can provide 
assistance to the U.S. Government for investigations and 
procedures that involve, or are related to, the seizure of 
goods and services derived from drug trafficking or any other 
criminal activity tied to it.  The assistance can include 
providing information and evidence to be used in processes 
related to the identification, tracking, freezing, or seizure 
of goods or services.  Whenever possible, the information 
provided will be in a form admissible in U.S. legal 
proceedings. 
 
When the assistance provided by the Government of Colombia 
leads directly or indirectly to a seizure in favor of the 
United States of goods or services derived from drug 
trafficking or any other crime with proven ties to drug 
trafficking, the Government of the United States can transfer 
to the Government of Colombia the said seized goods, the 
revenue obtained from the sale of the goods, or a percentage 
of the goods in accordance with the law of the United States. 
 
 
The transfer of the seized goods will be governed by relevant 
internal legislation of the United States.  The authorities 
of the United States will aim to give appropriate recognition 
for assistance provided by Colombian authorities in light of 
the difficulties and risks that they incurred.  Upon making 
this determination, the relevant authorities of the United 
States will take into consideration all pertinent information 
that the Government of Colombia chooses to present to the 
Embassy of the United States in Bogota in relation to the 
nature and achievement of its assistance.  The Embassy will 
send this information to the appropriate authorities of their 
country for consideration. 
 
The transfer of seized goods cannot be made until the 
respective seizure process in the United States is finished. 
 
The United States, upon carrying out the transfer to the 
Government of Colombia, will renounce all titles, rights, and 
interests with respect to the goods and will not assume any 
responsibility for them after the transfer.  It is also 
understood that any of these goods that the Government of 
Colombia accepts will be turned over in a way that the 
Government of Colombia can assume all responsibility in terms 
of their use and maintenance. 
 
The Government of Colombia will indicate to the Government of 
the United States the procedures to be followed in order to 
obey all applicable Colombian laws. 
 
This Memorandum of Understanding has the fundamental 
objective of demonstrating the desire to continue with the 
provision of mutual assistance between the two parties and 
constitutes an increase in cooperation between the two 
countries.  The parties understand that the Memorandum does 
not affect other areas of cooperation that currently exist 
between the two countries.  The clauses in this agreement 
will not jeopardize the rights of any person and do not aim 
to benefit any third parties. 
 
This Memorandum will become active on the date of the 
signatures of both parties.  The mutual collaboration 
discussed in this Memorandum of Understanding will be 
terminated upon written notification by either of the 
parties.  The termination will come into effect six months 
after the date of the notification. 
Signed, July 24, 1990 
 
Government of Colombia 
(signature unclear) 
 
Government of the United States 
Ambassador Thomas McNamara 
 
End Text 
WOOD