US embassy cable - 05BOGOTA6710

UNCLAS BOGOTA 006710 
 
SIPDIS 
 
STATE FOR WHA AND L 
JUSTICE FOR DAAG MARY LEE WARREN 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, KJUS, CO 
SUBJECT: CANDIDATES FOR COLOMBIA'S NEW FISCAL GENERAL 
 
1. (U) SUMMARY.  ON JULY 7, PRESIDENT URIBE ANNOUNCED THE 
THREE CANDIDATES TO BE CONSIDERED TO REPLACE THE FISCAL 
GENERAL (ATTORNEY GENERAL), LUIS CAMILO OSORIO, WHOSE TERM 
EXPIRES AT THE END OF THE MONTH.  THE NEW FISCAL GENERAL 
WILL TAKE OFFICE ON AUGUST 1.  ALL OF THE CANDIDATES ARE 
FROM THE CONSERVATIVE PARTY: CONSUELO CALDAS CANO, JORGE 
PRETELT CHALJUB AND MARIO IGUARAN ARANA.  THE SUPREME COURT 
IS EXPECTED TO ELECT THE NEW FISCAL GENERAL ON JULY 18. 
INFORMATION ON THE THREE CANDIDATES FOLLOWS.  END SUMMARY. 
 
2. (U) CONSUELO CALDAS GRADUATED FROM THE UNIVERSITY OF 
ROSARIO AND IS A SPECIALIST IN TAX AND FINANCIAL LAW IN 
PRIVATE PRACTICE.  SHE HAS WORKED IN BOTH THE PRIVATE AND 
PUBLIC SECTORS.  HER PRIVATE SECTOR EXPERIENCE INCLUDED 
SITTING ON THE BOARDS OF VARIOUS BUSINESSES INCLUDING GRUPO 
LEGIS, A LEGAL PUBLICATION SERVICE RUN BY HER FATHER, TITO 
LIVIO CALDAS.  IN THE PUBLIC SECTOR, SHE HAS WORKED IN THE 
LEGAL AFFAIRS OFFICE OF THE OFFICE OF BANKING SUPERVISION, 
AS AN ADVISOR IN THE OFFICE OF THE DIRECTOR OF TAXES, AND IN 
THE OFFICE OF THE DIRECTOR OF TAXES FOR THE OFFICE OF 
CUSTOMS AND TAXES (DIRECCION DE IMPUESTOS Y ADUANAS 
NACIONALES DE COLOMBIA, OR DIAN).  CALDAS ALSO SERVED ON THE 
FACULTY OF THE PUBLIC HOUSING PROGRAM AT THE UNIVERSITY OF 
ROSARIO, AND HAS TAUGHT POSTGRADUATE COURSES IN FINANCIAL 
LAW.  HER FATHER IS A MAJOR PROMOTER OF THE LAW ON 
REELECTION.  (NOTE: COLOMBIAN LAW REQUIRES THAT AT LEAST ONE 
WOMAN BE ON THE CANDIDATE LIST FOR FISCAL GENERAL.  END 
NOTE.) 
 
3. (U) JORGE PRETELT IS A PERSONAL FRIEND OF PRESIDENT 
URIBE, AND HAS BEEN MENTIONED AS A POTENTIAL CANDIDATE SINCE 
APRIL.  (NOTE: PRETELT IS NOT RELATED TO THE CURRENT 
MINISTER OF THE INTERIOR AND JUSTICE, SABAS PRETELT DE LA 
VEGA.  END NOTE.)  FROM MONTERIA (CORDOBA), PRETELT HAS A 
SPECIALIZATION IN ADMINISTRATIVE LAW.  FOR MORE THAN 15 
YEARS HE HAS SERVED ON THE FACULTY OF THE UNIVERSITY OF 
SERGIO ARBOLEDA, TEACHING CONSTITUTIONAL LAW.  IN THE PAST 
HE WAS THE DEPUTY RECTOR FOR ADMINISTRATION OF THE 
UNIVERSITY, AND CURRENTLY IS THE DEPUTY RECTOR FOR 
MANAGEMENT.  HE WAS A MAGISTRATE OF THE NATIONAL ELECTORAL 
COUNCIL FROM 1998 TO 2002, AND A DIRECTOR OF HUMAN RESOURCES 
FOR THE TELECOMMUNICATIONS COMPANY TELECOM FROM 1990 TO 
1992.  HE IS ALSO A CO-MAGISTRATE ON ONE OF THE CHAMBERS OF 
THE CONSEJO SUPERIOR DE LA JUDICATURA. 
 
4. (U) MARIO IGUARAN IS CURRENTLY THE VICE MINISTER OF 
JUSTICE.  LIKE JORGE PRETELT, IGUARAN WAS MENTIONED AS A 
POTENTIAL CANDIDATE EARLY ON.  MINISTER OF INTERIOR AND 
JUSTICE SABAS PRETELT PROPOSED IGUARAN.  IGUARAN HAS PLAYED 
A SEMINAL ROLE IN THE PROMOTION OF THE LAW ON TRUTH AND 
JUSTICE AND REVIEWS ALL EXTRADITION REQUESTS SUBMITTED BY 
THE USG TO THE GOC.  FROM BUGA (VALLE DEL CAUCA), IGUARAN IS 
AN EXPERT IN PUBLIC AND PENAL LAW WHO HAS BEEN A STRONG 
SUPPORTER OF THE URIBE ADMINISTRATION AND DEFENDED THE 
ADMINISTRATION IN CASES BROUGHT AGAINST IT.  A LAWYER FROM 
THE UNIVERSIDAD EXTERNADO DE COLOMBIA, IGUARAN ALSO HAS A 
MASTER'S DEGREE IN COMPARATIVE LAW FROM THE UNIVERSITY OF 
BONN (GERMANY), A SPECIALIZATION IN HIGH-LEVEL STATE 
MANAGEMENT FROM THE SCHOOL OF PUBLIC ADMINISTRATION, AND A 
SPECIALIZATION IN HIGH COURT PENAL PROCEEDINGS FROM THE 
UNIVERSITY OF GRAN COLOMBIA.  HE IS A PROFESSOR IN THE AREA 
OF POLITICAL AND CONSTITUTIONAL INSTITUTIONS, AND TEACHES 
FOR THE MASTER OF PUBLIC LAW PROGRAM AT THE UNIVERSIDAD 
EXTERNADO.  HE HAS ALSO BEEN A VISITING PROFESSOR ON VARIOUS 
OCCASIONS FOR THE FACULTY OF JURISPRUDENCE AT THE UNIVERSITY 
OF URBINO (ITALY), AND A FELLOW OF THE UNIVERSITY OF 
VALENCIA (SPAIN).  IN THE PUBLIC SECTOR, HE OCCUPIED THE 
POSTS OF INSPECTOR GENERAL FOR STATE EMPLOYMENT, DIRECTOR OF 
THE JUDICIAL TRAINING SCHOOL OF THE CONSEJO SUPERIOR DE LA 
JUDICATURA, ASSISTANT MAGISTRATE OF THE CONSTITUTIONAL 
COURT, ADVISOR TO THE SPECIAL LEGISLATIVE COMMISSION OF THE 
NATIONAL ASSEMBLY OF 1991 AND THE PRESIDENTIAL NATIONAL PLAN 
FOR REHABILITATION, AND CO-MAGISTRATE OF THE SUPERIOR COURT 
OF THE DISTRICT OF CUNDINAMARCA.  HE WAS ALSO THE DIRECTOR 
OF THE NATIONAL OFFICE OF NARCOTICS (DIRECCION NACIONAL DE 
ESTUPEFACIENTES, OR DNE).  HE SPEAKS SOME ENGLISH.  IGUARAN 
IS A FAVORITE OF MANY CONSERVATIVE PARTY LEGISLATORS. 
 
5. (U) RECENT NEWSPAPER EDITORIALS HAVE EXPRESSED CONCERNS 
THAT THE LIST OF CANDIDATES IS NOT STRONG.  IGUARAN, AS VICE 
MINISTER OF JUSTICE, HAS WORKED CLOSELY WITH POST ON SEVERAL 
ISSUES.  HE IS COMPETENT AND RELIABLE.  OTHER NOMINEES HAVE 
NOT HAD CONTACT WITH THE EMBASSY IN RECENT YEARS.  POST WILL 
CONTINUE TO MONITOR AND REPORT ON THE ELECTION. 
WOOD