US embassy cable - 05BOGOTA5305

UNCLAS SECTION 01 OF 02 BOGOTA 005305 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PTER, KJUS, PHUM, SNAR, CO, Demobilization 
SUBJECT: DEMOBILIZATION LAW: ARTICLE 61 AND 64 PASS 
COMMITTEE 
 
------- 
Summary 
------- 
 
1. (SBU) On June 1, the Senate Second Committee and the House 
Third Committee approved re-inserting articles 61 and 64 into 
the text of the Justice and Peace Law, which could be debated 
in the full Congress as early as June 9.  Article 61 allows 
all prisoners to be eligible to reduce their sentences by one 
tenth.  The committees voted to exclude criminals guilty of 
crimes against liberty, sexual crimes, human rights 
violations, and drug trafficking.  Article 64 makes 
paramilitarism an act of sedition, which is a political 
crime.  The committees added text specifying that Colombian 
Law 67, based on the Vienna Convention, would remain active. 
It states that drug trafficking cannot be a political crime. 
End summary. 
 
-------------------------- 
Article 61 and 64 Approved 
-------------------------- 
 
2. (SBU) In mid-May, the Senate and House plenaries approved 
appeals to permit committee re-votes on articles 61 and 64 in 
the Law for Justice and Peace (the articles were rejected 
during the initial First Committee debate in April).  On June 
1, the Senate Second Committee (defense, foreign relations, 
and trade) and the House Third Committee (economics) each 
approved both articles with minor modifications.  (NOTE: 
Once the plenaries approved the appeals, the head of each 
house personally selected the committees in which the 
articles would be reviewed.  END NOTE.)  Article 61 makes all 
prisoners eligible to reduce their sentences by one tenth if 
a judge determines that they have behaved well, agree not to 
commit future crimes, cooperated with the justice system, and 
gave reparations to victims.  The committees added text to 
exclude prisoners guilty of crimes against liberty, sexual 
crimes, human rights violations, and drug trafficking. 
 
3. (SBU) Support for Article 61 has been mixed.  Proponents 
argued that it was unjust to offer reduced sentences to the 
demobilized without also offering them to all prisoners.  The 
GOC had indicated in April that it was indifferent about the 
article, but would accept Article 61 if Congress passed it. 
 
4. (SBU) Article 64 states that a clause will be added to the 
normal criminal code that makes members of paramilitaries 
guilty of sedition.  It states that sedition will carry the 
same punishment as rebellion, which is a political crime. 
The committees added two changes: (1) guerrillas are also 
guilty of sedition.  (2) Colombian Law 67, based on the 
Vienna Convention, will remain active.  Law 67 states that 
drug trafficking cannot be a political crime or connected to 
a political crime. 
 
5. (SBU) The GOC has insisted that Article 64 is necessary to 
treat paramilitaries and guerrillas equally under the law and 
equally eligible for pardon for having belonged to an illegal 
armed group.  The GOC has repeatedly said Article 64 will not 
make major crimes, including drug trafficking or human rights 
violations, ineligible for extradition.  Opponents, however, 
have argued that a paramilitary could claim that his major 
crimes were related to sedition and therefore political 
crimes and not extraditable under the Constitution.  We have 
urged the GOC to insert language clarifying that serious 
crimes cannot be connected to political crimes. 
 
------------------- 
Plenary Debate Next 
------------------- 
 
6. (U) Both articles will be re-inserted into the draft text, 
which could be debated in the full Senate and House as early 
as June 9.  The congressional session ends on June 20, giving 
the Congress less than three weeks to debate the law, as well 
as other urgent legislation.  Peace Commissioner Restrepo has 
said that there may not be enough time for Justice and Peace 
to pass, in which case the GOC would present the draft during 
the next session which begins on July 20.  Under Colombian 
law, debate on Justice and Peace, as ordinary legislation, 
may carry over to the subsequent Congressional session. 
WOOD