US embassy cable - 05BOGOTA4563

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 004563 
 
SIPDIS 
 
E.O. 12958: DECL: 05/16/2015 
TAGS: PHUM, KJUS, CO, Human Rts 
SUBJECT: COLOMBIAN IMPUNITY PROJECT SUCCESSES 
 
REF: A. WHA/AND EMAIL OF 04/07/2005 
     B. STATE 2898 
 
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SUMMARY 
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1.  (U) The following is a response to ref A requesting 
additional information on the Dutch-funded Anti-Impunity 
Project.  The Project continues to achieve notable successes, 
including bringing high-profile human rights cases to 
conclusion.  The Project strengthens Government efforts to 
tackle complicated human rights cases and build the means to 
resolve future ones, goals that coincide with USG objectives. 
 The Dutch Embassy is satisfied with the results of the 
Project thus far, but is still looking for assistance from 
other governments and international organizations -- 
especially the USG -- to create a unified front to maintain 
the issue on the GOC's front burners.  End summary. 
 
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CONCRETE RESULTS 
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2.  (U) The Dutch-funded Anti-Impunity Project directed by 
the Presidential Program for Human Rights has played an 
important role in resolving or aiding in the investigation of 
over 170 high-profile human rights cases (reftel b).  The 
following is a list of some of the more notable cases and 
their status: 
 
Chengue: Of the 10 persons tied to the January 2001 murder of 
27 peasants in Sucre department -- including two Colombian 
marines and eight paramilitaries -- an intense investigation 
left five paramilitaries sentenced to prison for aggravated 
homicide. 
 
Santo Domingo: Of the eight persons --- including three 
members of the Colombian Air Force and five members of the 
FARC -- tied to the December 1998 bombing and killing of 17 
persons (of which three were children) by Colombian Air Force 
members after a fight with guerrillas earlier that day, two 
members of the FARC and all three members of the Air Force 
were charged with homicide. 
 
Mapiripan: Of the 16 persons -- including eight 
paramilitaries, six members of the Colombian Army, and two 
civilians -- tied to the June 1997 killing of 27 peasants by 
paramilitaries, with military collaboration, three homicide 
cases are still pending and eight persons were sentenced to 
jail, including three soldiers, four paramilitaries, and one 
civilian. 
 
Bojaya: Of the 15 persons -- including one paramilitary and 
14 members of the FARC -- tied to the 2002 FARC attack that 
left 119 persons dead (of which 45 were children), one FARC 
member was accused of co-authoring the massacre, rebellion, 
use of illicit methods of war, and acts of terrorism.  Eleven 
FARC members are in prison for aggravated homicide of a 
protected person, rebellion, use of illicit methods of war, 
and acts of terrorism. 
 
Alto Naya: Of the 86 paramilitaries implicated in the 2001 
killing of 19 peasants, 71 were charged with aggravated 
homicide and forced displacement, of which three received 
prison sentences of 24 years and eight months.  Thirteen 
persons were sentenced to 48 months in prison for 
facilitating the massacre.  One other is awaiting sentencing 
for aiding and abetting the crime, and three persons were 
jailed for crimes of multiple homicides in connection with 
terrorism, forced displacement, and obtaining false 
documents.  They include Elkin Casarrubia (aka Mario), a 
paramilitary commander from Cauca Department, and 
paramilitary captains Oscar Hernando Builes and Ruben Briam 
Blanco.  Two were convicted of murder and are awaiting the 
results of an appeal, one had his case sent back for trial in 
the juvenile justice system, five were charged with 
facilitating the crime, and the two remaining have a court 
order for their capture. 
 
La Cabuya: Of the 12 Colombian soldiers charged with 
aggravated homicide in the 1998 paramilitary killing of five 
peasants (including a pregnant woman), all are still awaiting 
trial. 
 
Homicide of Uberney Giraldo of the Renovacion Socialista: 
Thirteen paramilitaries were tied to the crime, and four were 
sentenced to prison. 
 
Barrancabermeja: Of the five paramilitaries implicated in the 
disappearances and murders of 26 inhabitants, three were 
charged with homicide and forced disappearance, another has 
already been sentenced to prison for multiple aggravated 
homicides, and the case against the fifth was closed. 
 
Pueblo Bello: Of the 25 paramilitaries tied to the 1994 FARC 
killing of 16 peasants, 13 were convicted of multiple 
homicide, kidnapping, and use of illegal uniforms, four are 
jailed pending further investigation, and 10 have pending 
arrest warrants. 
 
La Granja: Of the 45 persons tied to the forced displacement 
of hundreds of persons in the area, 37 were paramilitaries, 
five were members of the National Police, one was a soldier, 
and two were ex-members of the Fiscalia,s Corps of Technical 
Investigators (CTI).  Ten paramilitaries were charged with 
aiding and abetting the crime.  Thirty-five of these have 
been jailed, including the five members of the National 
Police, the one soldier, the former two CTI members, and 22 
paramilitaries. 
 
Wilson Borja: Of the 21 persons implicated in the attempted 
murder, four were retired and two were active members of the 
Army, one was a retired member of the National Police, five 
were paramilitaries, and nine were civilians.  Five persons 
were jailed, including one active and two retired members of 
the Army, and two paramilitaries.  In 2004, Army Captain 
Cesar Alonso Maldonado was sentenced to 28 years in prison 
for his role in the crime.  He escaped in November 2004. 
Disappearance of Guillermo Torres Valdivieso: In 2004, one 
paramilitary received a 22 year 8 months prison sentence for 
his role in the crime against the president of the Communal 
Action Board of the Jose Madrid neighborhood in the city of 
Bucaramanga. 
 
San Diego: In 2004, three paramilitaries were sentenced to 40 
years in prison for the murder of four persons in Los Tupes. 
 
Popayan: In 2004, two paramilitaries were sentenced to 34 
years in prison for the murder of three civilians and the 
kidnapping and extortion of another. 
 
El Naya: In 2004, two paramilitaries were sentenced to six 
years, 10 months and 13 days in prison for murder and forced 
displacement. 
 
San Jose de Apartado: The Anti-Impunity Project is also 
playing a role in the current investigation of the February 
2005 killing of eight persons by unknown assailants. 
 
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CONCLUSION 
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3.  (C) The Anti-Impunity Project appears to be headed in the 
right direction.  It compliments USG goals of increasing 
conviction rates and aiding the development of good 
governance.  The Dutch are pleased with the Project's results 
so far, and maintain hope that the GOC will continue building 
an effective and sustainable program when outside funding 
runs out, and develop a sound policy that coordinates all 
investigative and prosecutorial functions of government. 
Although the Dutch are interested in continuing funding over 
the next few years, they prefer to maintain low visibility to 
avoid the appearance of directly "pulling the strings."  The 
Dutch have expressed interest in USG participation in the 
project to create a unified front to keep the issue of 
impunity on the GOC's front burners. 
WOOD