US embassy cable - 05BOGOTA7360

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 007360 
 
SIPDIS 
 
SOUTHCOM FOR POLAD 
 
E.O. 12958: DECL: 08/03/2015 
TAGS: PREL, KJUS, PHUM, PTER, CO, Demobilization 
SUBJECT: U/S BURNS DISCUSSES HUMAN RIGHTS AND 
DEMOBILIZATION LAW WITH INCOMING PROSECUTOR GENERAL 
 
Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D. 
 
1.  (U) July 26, 2005, 6:30-7:30 pm, Ambassador's Residence, 
Bogota. 
 
2. (U) Participants: 
 
U.S. 
---- 
 
R. Nicholas Burns, U/S for Political Affairs 
Ambassador William B. Wood 
Jeffrey DeLaurentis, Political Counselor 
Cynthia Echeverria, P Special Assistant 
Brian Walch, POL, notetaker 
Luis Guio, Interpreter 
 
Colombia 
--------- 
 
Mario Iguaran Arana, Prosecutor General. 
 
3.  (C) Summary:  U/S Burns and Ambassador discussed human 
rights certification and implementation of the demobilization 
law (aka Justice and Peace) with newly elected Prosecutor 
General (Fiscal General) Mario Iguaran on July 26.  U/S Burns 
stressed the importance of making progress on key human 
rights cases, including San Jose de Apartado, Mapiripan, and 
Arauca, noting that the U.S. Congress and the international 
human rights community were keenly focused on them.  He asked 
that Iguaran make public his personal commitment to 
completing the investigations and dedicate all possible 
support to the prosecutors in each case.  U/S Burns also 
noted the importance of the U.S.-Colombia extradition 
relationship and the need to effectively and transparently 
implement Justice and Peace.  Ambassador urged that the 
Fiscalia begin developing cases on leading paramilitary 
figures prior to the likely completion of demobilizations in 
December.  End Summary. 
 
HUMAN RIGHTS CERTIFICATION 
-------------------------- 
 
4.  (C) On July 26, U/S Burns and Ambassador met with 
incoming Prosecutor General Mario Iguaran Arana.  U/S Burns 
stated the strong support of the USG for Colombia but warned 
that lack of progress on human rights could negatively affect 
the relationship.  U/S Burns noted the importance that the 
USG, including the U.S. Congress, and international human 
rights community place on resolution of the San Jose de 
Apartado (SJA), Mapiripan, and Arauca cases.  U/S Burns 
stated that Colombia had lost much ground in the court of 
public opinion owing to lack of progress on each.  He asked 
Iguaran to be vocal and clear on the need to improve the 
track record.  The Mapiripan case was now seven years old and 
that SJA Peace Community allegations of armed forces' 
responsibility were not being counteracted by effective GOC 
and Fiscalia action on the case.  U/S Burns requested that 
Iguaran do three things soonest: 
 
--Ensure that the prosecutors in each case have all necessary 
resources; 
--Monitor each case personally; 
--Make a clear and public statement of personal commitment to 
resolving each case. 
 
5.  (C) Iguaran noted his personal and long-standing 
commitment to human rights issues and promised to redouble 
the Fiscalia's efforts.  He recognized that delays had a 
large negative cost for Colombia.  He said improving the 
Fiscalia's human rights units would be a top priority. 
Iguaran asked the USG provide additional assistance, in 
particular technical, to the Fiscalia.  Iguaran suggested 
ongoing and successful USG training of prosecutors in the new 
accusatory criminal justice system (investigation, evidence 
gathering and chain of custody, and trial techniques) be 
expanded to include prosecutors that will handle 
demobilization cases.  U/S Burns said we would look in to 
providing additional assistance as permitted under U.S. law. 
 
DEMOBILIZATION LEGISLATION 
-------------------------- 
 
6.  (C) U/S Burns said that many Washington actors view the 
Justice and Peace law as too lenient, and called for rigorous 
and energetic implementation.  Ambassador urged Iguaran to 
begin investigative work now, and to publicly indicate those 
who will be in the category of pardonable political crimes 
(Law 782) and those to be prosecuted for non-pardonable 
crimes under Justice and Peace.  Iguaran reiterated his 
commitment to the law and his efforts over the previous year 
to attain Congressional approval.  He agreed on the need to 
begin gathering evidence in order to have a significant base 
of data prior to January.  He also noted that he had agreed 
with our input and had been fully supportive of making the 
modifications we had recommended.  Iguaran, thinking of his 
position as Prosecutor General, expressed some concern over 
the short investigative timeline (60 days) under the law.  He 
promised, nevertheless, to energize the relevant prosecutors. 
 
EXTRADITION RELATIONSHIP 
------------------------ 
 
7.  (C) U/S Burns stated that much of the goodwill toward 
Colombia in Washington stemmed from the productive bilateral 
extradition relationship.  While noting the Colombian 
President's discretionary power to deny or suspend 
extraditions, U/S Burns stressed that major drug traffickers 
needed to remain in the extradition pipeline.  Iguaran noted 
language in the demobilization law would prevent major drug 
traffickers, including those who were traffickers prior to 
becoming paramilitaries, from gaining benefits.  In addition, 
the Fiscalia would proceed as normal with drug trafficking 
cases against leading paramilitaries until eligibility under 
Justice and Peace is confirmed.  Ambassador noted the 
importance we place on the extradition of paramilitary 
commander and drug trafficker "Don Berna" and USG concern 
that he had ordered the assassination of a prominent Cordoba 
Department politician while seated at the negotiating table. 
Iguaran noted that as Vice Minister of Justice, he had 
consistently co-signed extradition packages, a novel practice 
for individuals in his position.  He indicated that his 
co-signature was a sign of his commitment to extradition as 
the key deterrent to drug trafficking activity in Colombia. 
Iguaran pointed to his role in preventing the 
Rodriguez-Orejuela family from continuing to exert control 
over the "La Rebaja" drug store chain. 
 
8.  (U) U/S Burns has cleared this cable. 
DRUCKER