US embassy cable - 05BOGOTA6718

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 006718 
 
SIPDIS 
 
E.O. 12958: DECL: 07/15/2015 
TAGS: KJUS, PHUM, MOPS, PGOV, CO, Military Justice, Human Rts 
SUBJECT: MILITARY JUSTICE REFORM FOCUSES ON SYSTEMIC FLAWS 
 
REF: BOGOTA 6508 
 
Classified By: Ambassador William B. Wood; reasons 1.4 
(b) and (d) 
 
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Summary 
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1. (U) On July 11, the Ambassador hosted military justice 
Director Brigadier General Luis Fernando Puentes to discuss 
the military justice reform process and encourage 
transparency.  Colombia's Military Penal Justice (MPJ) system 
has been accused of promoting impunity and responding slowly 
to criminal charges against officials.  Puentes hopes to 
improve MPJ through a two-phase reform plan.  Phase one would 
establish time limits on administrative processes to reduce 
the backlog of service misbehavior (victimless) cases.  Phase 
two aims to return MPJ to an accusatorial procedure, create 
an investigative corps, and establish a defense corps.  The 
Ambassador suggested that Puentes consider adding changes to 
create a transparent, reliable and equitable system in 
addition to the envisioned administrative changes.  Incoming 
Minister of Defense Camilo Ospina is familiar with the 
project and should be able to advance the reform effort. 
Puentes requested U.S. assistance to overcome Polo 
Democratico opposition and to overcome anticipated 
pre-election distraction in the Congress towards the reform 
package.   End Summary. 
 
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Reform Package Fixes 
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2. (SBU) Puentes' two-part reform package would (1) reduce 
case backlog by imposing time limits on service crimes; (2) 
establish an investigative corps to gather crime scene 
evidence; (3) create a defense corps like the Judge Advocate 
General system in the United States; and (4) return the MPJ 
procedures to an accusatorial system.  According to Puentes, 
these fixes would improve the system by making it more 
efficient and compatible with the regular justice system. 
Each of the fixes would address critical problems that 
emerged from the 2000 reform process. 
 
3. (C) Puentes noted that the new Defense Minister, Camilo 
Ospina, had already read the proposed reforms and made them a 
priority (ref A).  The Ambassador agreed that Ospina would be 
an excellent champion because of his legal background and 
understanding of the legislative process.  Per Puentes, the 
initial reform package was introduced in the Congress in 
April and has concluded one plenary debate.  The second 
package of reforms will be introduced on July 20 when 
Congress returns from its month-long recess.  Ospina directed 
Puentes to request funding for reform from the budget office 
(Hacienda), but Puentes believes the only expense would be 
from creating a defense corps. 
 
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Areas not Changed 
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4. (C) Puentes stressed that high-profile human rights cases 
linked to military officials, including the Cajamarca murders 
and Arauca trade unionist murders, were not being tried in 
the MPJ system.  Military justice was prohibited from hearing 
human rights cases or cases involving criminal behavior 
unrelated to official duties, such cases were handled in 
civilian courts.  The reforms would not change that. 
Nevertheless, Puentes acknowledged that the procedure of 
vying for jurisdiction on cases that could belong either to 
the military or ordinary justice systems delayed the court's 
decisions.  The Ambassador underscored the importance of 
establishing a process that would reliably investigate and 
issue definitive verdicts on military officials involved in 
such cases.  He added that transparency, fairness, 
timeliness, and equality were critical elements necessary for 
a meaningful reform.  However, the proposed reform packet 
focused on streamlining existing institutions rather than 
establishing a more transparent and responsive system. 
 
5. (C) The Ambassador asked to be kept informed of reform 
progress and suggested that Puentes consider the "big 
picture" including planning a budget and institutional goals 
to guide MPJ reform.  He further recommended that military 
justice begin to produce regular demonstrations of its 
improvements such as timely case resolutions, or reform 
advances.  Puentes responded that the Iscuande trial, 
involving two hometown marines and one enlisted man accused 
of infiltrating the Navy to pass the FARC information to 
attack the base, was slated to conclude within the next month 
and could be a success story.  The case preparation and trial 
lasted five months and will result in 14 enlisted and several 
officers retiring from the military. 
 
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Critics Balk 
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6. (C) Polo Democratico politicians have been the most 
critical of reforms, according to Puentes.  He singled out 
Representative Luis Antonio Serano for criticizing the 
initial reform package twice without having read the 
document.  Although there are 17 reservists serving in 
Colombian Congress whom Puentes considers sympathetic to MPJ 
reforms, he requested U.S. backing to overcome those that 
could attempt to delay reform for years or shelve them 
without debate.  He added that Congress would have to be 
encouraged to continue debate since members will likely be 
consumed with pre-election campaigning.  Puentes had no 
further information on potential reform opponents. 
WOOD