US embassy cable - 05BOGOTA5501

C O N F I D E N T I A L SECTION 01 OF 03 BOGOTA 005501 
 
SIPDIS 
 
JUSTICE PLEASE PASS TO ANDREW BEACH 
 
E.O. 12958: DECL: 06/08/2015 
TAGS: ECON, KCRM, KJUS, OVIP, SNAR, CO 
SUBJECT: SCENESETTER FOR ATTORNEY GENERAL ALBERTO R. 
GONZALES VISIT 
 
Classified By: Charge d'Affairs Milton K. Drucker for reason 1.4(d). 
 
Introduction 
------------ 
 
1. (U) Embassy warmly welcomes the visit of Attorney General 
Gonzales.  The Colombian government is on our side on 
fighting terrorism, narcotics trafficking, and money 
laundering.  The visit comes at an important time for our law 
enforcement and judicial efforts in Colombia.  Embassy Bogota 
has the largest law enforcement/judicial element of any 
embassy in the world, and law enforcement issues are central 
to U.S. policy goals in Colombia and to GOC political 
objectives here.  Key issues include: 
 
Counter-drug 
------------ 
 
2. (C) This is our primary mission in Colombia, the source of 
more than 80 percent of our assistance funding, and the 
reason Embassy Bogota is one of the largest in the world 
with, among other things, some 200 fixed and rotary wing 
aircraft, a huge DEA presence, and more than fifteen law 
enforcement agencies at post.  The alignment of U.S. policy, 
Congressional support, and GOC commitment is unprecedented 
and gives us for the first time the opportunity to test the 
thesis that we can defeat a major drug threat by taking it 
head-on.  Between seizures and eradication, we set a record 
in 2004 and prevented about 4865 metric tons of drugs from 
reaching their destination.  We are ahead of fumigation 
efforts this year, after a record 2004.  In May, combined 
intelligence and law enforcement efforts produced the largest 
single seizure of drugs anywhere, anytime, more than 15 
metric tons. 
 
Extradition 
----------- 
 
3. (C) Extradition of Colombian nationals for trial outside 
Colombia generates nationalistic responses, fanned by corrupt 
influences trying to protect themselves.  Nonetheless, under 
President Uribe, more than 215 Colombian nationals have been 
extradited to the U.S., a record that dwarfs extraditions 
from any other country.  In 2004 and early 2005, Colombia 
extradited to the U.S. the most senior FARC terrorists ever 
captured, and the two most powerful ex-drug lords ever 
captured.  The GOC uses extradition as a tool in negotiating 
with narco-terrorists.  At times, the GOC has asked for more 
flexibility from the U.S. in individual extradition cases, 
with mixed results, even though all extraditions are at the 
discretion of the GOC.  The Colombian Supreme Court must 
approve all extraditions and routinely sets conditions on 
extraditions to ensure that the U.S. process does not violate 
Colombian norms.  After a U.S. court violated conditions on 
sentencing and two U.S. attorneys in Florida made public 
statements appearing to violate these conditions, the 
Colombian court blocked some 30 extraditions.  After 
receiving assurances from the embassy, and President Uribe's 
staff, the Court returned to smooth approval of our 
extradition requests.  This is a priority of President Uribe. 
 
Money laundering 
---------------- 
 
4. (C) The embassy has increased investigations against money 
launderers, with notable successes.  Counter-money laundering 
operations have faced political resistance when they accused 
well-known public figures, but did not make an explicit tie 
to drugs or terrorism as in the DEA "White Dollar" operations 
plea agreements.  An extradition request for violation of 
U.S. banking regulations, without an explicit drug or terror 
connection will be politically costly.  The Colombian banking 
system, frightened of being identified with corrupt 
influences, has cooperated fully and is one of our best 
partners in the hemisphere, as is the government's "Financial 
Investigations Unit."  But a traditional tolerance for 
informal financial activity complicates this effort. 
 
Counterfeiting 
-------------- 
 
5. (C) Colombia is the largest foreign producer of 
counterfeit U.S. currency.  US Secret Service, in cooperation 
with Colombian authorities, has been highly successful in 
disrupting production of false currency and in seizing it 
before it reaches the U.S. 
 
Counter-terror 
-------------- 
 
6. (C) Drugs in Colombia are inseparable from terrorism. 
DEA, FBI, ICE, ATF, and Defense Department components plus a 
number of other agencies are full, active players in a host 
of investigations which result in trial in the U.S. or in 
Colombia.  Several of our highest level prosecutions have 
both terror and narcotics aspects.  The entire embassy team 
cooperates to locate the three U.S. hostages held by the FARC 
for two and a half years. 
 
Judicial reform 
--------------- 
 
7. (C) Perhaps the most revolutionary and durable change in 
Colombian society is the move, with extensive U.S. support, 
to an oral accusatory system.  DOJ and AID have been active 
in training judges, prosecutors, defenders, and police in the 
techniques necessary for unearthing and preservation of 
evidence, testimony in court, trial conduct, etc. 
Implementation began early this year in Bogota, the country's 
largest jurisdiction, and in several others.  Success has 
been overwhelming, and has been so perceived by the legal 
profession and the population at large.  But work must 
continue to bring the new approach to the rest of the country 
during the four-year phase-in.  Resources are short.  This is 
a priority of the Prosecutor General (Fiscal General). 
 
Proceeds from seizures 
---------------------- 
 
8. (C) Colombia continues to believe that it should receive 
more of the proceeds from joint seizure operations.  In the 
Rodriguez Gacha case, the U.S. delayed paying Colombia its 
share for more than five years, but received positive press 
when the payment was made.  In the Duer case, the $20 million 
proceeds were divided with the UK, but not Colombia.  This is 
a priority of the Minister of Interior and Justice.  In a 
cash strapped Uribe Administration the shared money would be 
well spent. 
 
Prisons 
------- 
 
9. (C) Colombia's efforts to combat drugs and terror 
predictably have escalated the prison population beyond 
capacity.  Colombia has gone from 51,000 post-trial prisoners 
to 66,000 prisoners under Uribe.  Although we do not share 
the view, the local UN Human Rights Office used prison 
overcrowding as the rationale for their characterization of 
widespread "torture" in Colombia.  The Bureau of Prisons rep 
here continues to work with the Colombians on the problem and 
new prisons are being built. 
 
Continued clean-up of the Prosecutor General's Office 
--------------------------------------------- -------- 
 
10. (C) In March 2004, the Prosecutor General agreed to U.S. 
polygraphing of more than 100 senior prosecutors, a process 
that continues to go well.  But he also agreed to establish 
an effective, independent internal affairs unit, a process 
moving forward slowly.  U.S.-sponsored human rights units of 
the Prosecutor General's office are having success in 
fighting traditional corruption and bringing professional 
prosecutions to controversial cases. 
 
Anti-kidnapping 
--------------- 
 
11. (C) The embassy runs numerous courses for anti-kidnapping 
units.  In the last several years, the record for safe rescue 
of kidnap victims has skyrocketed as a result. 
 
VIP Security 
------------ 
 
12. (C) The U.S. provides training and equipment for the 
security details of the President, the Vice President, the 
mayor of Bogota, and several ministers.  President Uribe has 
been the subject of at least fifteen assassination plots. 
All intelligence and law enforcement agencies cooperate to 
provide the best protection possible for senior GOC officials. 
 
Possible deliverables 
--------------------- 
 
13. (C) Decision that the Patriot Act does not preclude 
assistance or cooperation with the demobilization-reinsertion 
program designed to help dismantle terrorist organizations 
and provide an alternative to a return to violence (like 
alternative development programs for coca growers).  The U.S. 
has expressed support for the program.  At present, the GOC 
and U.S. businesses are cooperating with the program; failure 
to approve such cooperation would imply both that those 
businesses, and the GOC, are in violation of U.S. law. 
Embassy has more than US$1.25 million available for 
assistance right away. 
-- Affirmation of U.S. intention to adhere to Colombian court 
conditions on extradition.  This could include a decision to 
use administrative measures to reduce life sentence of Alex 
Restrepo, in violation of Colombian conditionality, to a 
maximum of forty years. 
 
-- Affirmation of intention to divide proceeds of fines and 
asset forfeitures with Colombia where the defendant is 
Colombian or Colombia has made a major contribution to a 
successful U.S. prosecution. 
DRUCKER