US embassy cable - 05BOGOTA4534

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 004534 
 
SIPDIS 
 
E.O. 12958: DECL: 05/13/2015 
TAGS: ASEC, PTER, MOPS, PREL, CO 
SUBJECT: U.S. SOLDIERS DETAINED IN MELGAR 
 
Classified By: Ambassador William B. Wood for reasons 
1.5 (b) and (d) 
 
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Summary 
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1. (SBU) This is a summary account of events related to the 
discovery of U.S. manufacture munitions in a private 
apartment in Carmen de Apicala, Tolima Department.  Although 
Post has attempted to make this cable accurate, there are 
still many facts surrounding this incident not yet known. 
Therefore, addressees should regard this as a preliminary 
summary of the facts as we understand them on this date.  On 
Tuesday May 3, 2005, U.S. soldiers Sergeant Jesus Hernandez 
and Warrant Officer Allan Tanquary were detained by Colombian 
National Police (CNP) in Melgar, Tolima Department for their 
alleged involvement in an ammunition sale, possibly to 
illegal armed groups.  The soldiers are members of the U.S. 
Army's 7th Special Forces Group and were serving as staff 
members of a Special Forces company conducting training at 
the Colombian Army's National Training Center in Tolemaida, a 
few kilometers away.  The soldiers were released into U.S. 
custody on May 5, and they departed Bogota on May 6.  End 
Summary. 
 
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The Detention 
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2. (SBU) On May 3, the CNP apprehended a Colombian on the 
Melgar-Carmen de Apicala road; the man received a cell phone 
call during the arrest that prompted the CNP to investigate a 
condominium at El Paraiso, a housing complex down the road. 
The CNP arrived at the indicated house, where they found the 
two U.S. soldiers.  Warrant Officer Tanquary used his key to 
give the police entry to the house.  Another Colombian was in 
the house, along with 32,900 rounds of various caliber 
ammunition.  The detainees were taken to the CNP station in 
Melgar, where they spent the night.  It is our understanding 
that the ammunition has been positively traced to the 7th 
Special Forces Group at Melgar. 
 
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U.S. Response 
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3. (SBU) MILGRP dispatched two staff assigned to Bogota to 
liaise with the CNP and assume custody of the soldiers.  The 
7th Special Forces Group also sent personnel to assist in the 
effort and attend to the soldiers.  However, the Fiscalia 
asserted jurisdiction from the CNP and prevented the 
soldiers' release.  On the afternoon of Wednesday May 4, 
2005, the DCM with JUDATT and MILGRP EXO met with Ministry of 
Foreign Affairs Vice Minister Giron.  Giron agreed that under 
the existing bilateral agreements and the Vienna Convention 
the soldiers were entitled to immunity from Colombian 
criminal jurisdiction.  But he asked to work informally with 
the Embassy to resolve the matter. 
 
4. (SBU) The DCM, MILGRP EXO, and JUDATT met with the acting 
Fiscal-General, Luis Santana to seek the release of the U.S. 
soldiers.  The DCM explained that the soldiers were entitled 
to immunity from criminal prosecution.  Santana agreed, but 
sought commitments from the Embassy to ensure prosecution of 
the soldiers.  Santana sought to have the Embassy sign an 
official document with the Colombian government prior to the 
release of the soldiers.  The DCM explained that (1) the 
Fiscalia had an absolute obligation to comply with its 
agreements and release the soldiers; and (2) the DCM had 
no/no authority to negotiate or sign any document, although 
he explained that he was willing to confer with Washington 
the next day after the release of the U.S. soldiers to see 
what assurances on investigation/prosecution could be made, 
if any. 
 
5. (SBU) Discussions continued at length with the Vice Fiscal 
agreeing that Colombia had a legal obligation to release the 
soldiers, but refusing to give an order to do so.  By now the 
soldiers had been transported to Ibague, Tolima Department, 
but strong remonstration by the DCM and JUDATT convinced the 
Vice Fiscal to block their interrogation.  After further 
discussion, an exchange of faxes between the Fiscalia and the 
Foreign Ministry certifying the eligibility of the soldiers 
for immunity and a strong telephone protest of Ambassador 
Wood, the Vice Fiscal finally agreed to release the soldiers 
at about 19:00 hours local time.  At this point, however, 
Embassy decided the Ibague-Melgar road was too dangerous to 
travel and the actual release would have to wait until the 
next morning, May 5, 2005. 
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The Transfer 
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6. (SBU) At 08:00 hours on Thursday May 5, the U.S. soldiers 
were released into U.S. custody at Ibague.  They traveled to 
Melgar and then to Bogota.  They arrived at the Embassy in 
Bogota at about 16:00 hours, at which point they were 
interviewed by the Naval Criminal Investigation Service 
(NCIS) and FBI special agents; the soldiers opted to remain 
silent during the interviews.  The Embassy also provided an 
opportunity for a representative from the Ibague attorney 
general's office to conduct an interview, and again both 
soldiers declined to talk.  They spent the night on Embassy 
grounds and left Bogota for the US via American Airlines 
flight number 916 at 13:35 hours on 6 May 2005. 
 
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Further Developments 
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7. (C) On May 6, a Sergeant Major of 7th Special Forces Group 
informed Embassy officials of a second house in Melgar that 
had been frequented by Sergeant Hernandez.  Seventh Special 
Forces Group Sergeant Major Brian William Bernard provided 
the CNP with a key to the house and together they entered the 
house.  The CNP and U.S. officials searched the house that 
evening and discovered an additional 10,000 rounds of 
ammunition, along with approximately $5700 USD and 2 million 
Colombian pesos of operational fund money that allegedly 
belonged to the 7th Special Forces Group.  Members of the 
Special Forces Group in Tolemaida have been interviewed for 
further information regarding the incident by FBI/Bogota and 
the NCIS. 
 
8. (SBU) AT this point many questions remain.  For example, 
the Embassy does not/not yet know what the ultimate 
destination of either lot of the ammunition was to have been. 
 The relationship of Warrant Officer Tanquary and Sergeant 
Hernandez to the others involved in this case is unknown to 
the Embassy at this time. 
 
9. (SBU) Many of the facts above should be regarded as 
preliminary information, but it is the best available to the 
Embassy at this time. 
 
10. (U) The arrests have generated an intense level of 
interest among the Colombian media.  News stories have been 
fairly balanced (with periodic lapses in fact-checking), but 
editorials have taken a markedly more negative tone.  Many 
pieces, including the lead editorial in the top national 
daily El Tiempo on May 6, noted that the soldiers' arrest is 
the latest in a string of illegal activities on the part of 
U.S. servicemen in Colombia (in March five U.S. servicemen 
were arrested after 35 lbs. of cocaine was discovered on a 
military aircraft headed for the U.S.).  Because many 
Colombians, including well-educated Colombians, doubt the 
U.S. intention to investigate and prosecute these crimes, 
many opinion pieces also called into question the agreements 
between Colombia and the U.S. allowing for the immunity of 
U.S. personnel from criminal charges before the Colombian 
Justice system. 
WOOD