US embassy cable - 05BOGOTA6056

UNCLAS SECTION 01 OF 02 BOGOTA 006056 
 
SIPDIS 
 
SOUTHCOM FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PGOV, KJUS, PHUM, SNAR, PTER, CO, Demobilization 
SUBJECT: JUSTICE AND PEACE BECOMES LAW 
 
REF: A. BOGOTA 3555 
     B. BOGOTA 3223 
 
1. (U) Summary:  More than a year after the government 
introduced its first draft and after six months of intensive 
debate, the demobilization legislation commonly known as the 
"Justice and Peace" law was passed by the Senate and House 
plenaries on June 20 and 21, respectively, and the conference 
committee version was completed on June 22.  The law calls 
for a five to eight year period in confinement for confessed 
serious crimes, six to nine or more years of confinement for 
unconfessed serious crimes, a probation period of half the 
time in confinement, investigations of criminal activity, and 
reparations to victims.  The final text includes some 
suggestions from the international community and rival draft 
bills.  It opens the door to future demobilizations and puts 
in place a structure to dismantle demobilized illegal armed 
groups, but effective implementation will be key to success. 
End summary. 
 
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Goal: Peace With Justice 
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2. (U) The Law for Justice and Peace's objective is to reduce 
violence by inducing members of the illegal armed groups 
(IAGs) to renounce terrorism in exchange for reduced 
punishment.  Without this legislation, only demobilized 
persons guilty of minor crimes (membership in an IAG, 
rebellion, etc.) have been eligible for pardon. 
 
3. (U) Since late 2003, the GOC grappled with the difficult 
issues of balancing peace and justice and dismantling the 
criminal structures of demobilized IAGs.  The final text was 
the result of an extensive debate in Congress and wider 
society and passed by ample majorities in both Houses of 
Congress.  The law went through numerous changes and 
incorporated elements from alternate drafts and the views of 
the international community and civil society.  Prior to the 
committee debate, the GOC and the principle opposition group 
led by Senator Rafael Pardo tried to reach consensus on their 
two competing drafts.  The GOC adopted entire sections of the 
Pardo version, including on victims' rights and on the 
definitions of truth, justice, and reparation. 
 
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Key Steps 
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4. (U)  Confession: Each beneficiary will give an open 
declaration ("version libre") to the Prosecutor General's 
Office (Fiscalia) about his criminal activity.  Any crimes 
intentionally concealed will be prosecuted under the normal 
criminal code and are not eligible for an alternative 
sentence.  The beneficiary is free to choose which crimes he 
confesses, but the government retains the right to try him 
under ordinary law for any crimes he conceals.  This provides 
a strong incentive for an ex-terrorist to admit all his 
crimes.  As a further incentive, unintentionally omitted 
crimes could receive a 20 percent longer alternative sentence 
(six to nine and a half years). 
 
5. (U) Eligibility requirements: No crimes committed before 
membership in the IAG can be included in the benefits.  No 
one who associated himself with a terrorist organization to 
cover his previous crimes will be protected from punishments 
for those crimes.  A beneficiary or the IAG to which he 
belonged must have (1) demobilized, (2) turned over all 
illicit assets, (3) turned over all minors who were with the 
IAG, (4) ceased all interference in public and political 
liberties and all other illicit activity, (5) not been 
principally devoted to drug trafficking or illicit 
enrichment, and (6) freed all kidnap victims. 
 
6. (U) Extradition: By design, the law does not mention 
extradition.  The GOC has repeatedly stated that the law will 
not impede extradition and that the issue is non-negotiable. 
Through reference to Colombian Law 67, the law rejects a 
juridical connection between political crimes and drug 
trafficking, so that the constitutional prohibition against 
extradition for political crimes does not come into play. 
Others who have committed political crimes, such as FARC 
commander Simon Trinidad, have been extradited for their 
non-political crimes.  The Justice and Peace Law is designed 
so that these same regulations will apply.  As an additional 
safeguard, the law states that alternative sentences can be 
served abroad, so even in cases where an ex-terrorist has 
benefited under the law, extradition remains a possibility. 
 
7. (U) Investigation: A special Fiscalia unit will have 60 
days to investigate and report findings to the Superior 
District Court.  The Court will decide the length of the 
alternative sentence (five to eight years) and auxiliary 
punishments, including reparations and parole. 
 
8. (U) Confinement: Each beneficiary will be held in 
confinement for five to eight years.  Confinement zones will 
be under full government control and must meet standards 
issued by the National Prisons Institute.  The jail terms are 
close to those advanced in one of the principle alternative 
draft laws, which enjoyed wide international support. 
9. (U) Parole: Each beneficiary will be on parole for half of 
his alternative sentence (two and a half to four years). 
 
10. (U) Revocation of benefits: The law clearly states that 
any return to criminal activity after demobilization or 
failure to obey the law's requirements will result in 
revocation of all benefits and prosecution under the normal 
criminal code.  The individual in question will be subject to 
arrest for the crimes he already committed and the new ones. 
 
11. (U) Reparations: All beneficiaries are required to give 
material and symbolic reparations to victims.  The law 
establishes a detailed structure to identify and distribute 
the assets of the demobilized terrorists to victims.  A 
National Reconciliation and Reparations Committee will 
oversee the process.  Taken together with the asset 
forfeiture law, the government now has two powerful tools to 
divest ex-terrorists of their wealth, and the influence their 
wealth can purchase. 
 
12. (U) Legal framework: The law establishes a framework for 
demobilization, disarmament, separation of leaders from their 
followers, identification of ex-terrorists, renunciation by 
them of terrorism, training and assistance for reinsertion 
into society, and monitoring of their activities following 
demobilization. 
 
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Implementation Crucial 
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13. (U) The law opens the door for future collective and 
individual demobilizations of paramilitaries and guerrillas. 
Much will depend on careful implementation and strict 
adherence to the law's principles of truth, justice, and 
reparation.  The GOC will need to designate enough personnel 
and equipment to investigate, monitor, and provide 
reinsertion services to the demobilized and to seize and 
distribute assets in reparation to victims.  Implementation 
of a law this complex will undoubtedly create unintended 
consequences and ambiguities, but for now, it is a viable 
draft and a step in the right direction. 
 
WOOD