US embassy cable - 05BOGOTA8495

C O N F I D E N T I A L BOGOTA 008495 
 
SIPDIS 
 
E.O. 12958: DECL: 09/07/2005 
TAGS: KJUS, PGOV, PREL, PTER, CO, AUC 
SUBJECT: SUPREME COURT APPROVES DON BERNA'S EXTRADITION; 
URIBE HAS FINAL SAY 
 
Classified By: Ambassador William B. Wood for reasons 1.4 (b) and (d) 
 
1. (C) On September 7, Colombia's Supreme Court approved the 
U.S. extradition request for paramilitary commander Diego 
Murillo, AKA "Don Berna," and transmitted the case to the 
President for his decision. The approval occurred in much 
less than normal time for such a decision (less than a third 
of the time the Simon Trinidad extradition took for example). 
 The USG seeks his extradition for narcotrafficking crimes 
committed after 1998.  Berna has been a key negotiator for 
the United Self-Defenses of Colombia (AUC), and is currently 
involved in the U.S.-supported paramilitary demobilization 
process.  In private, President Uribe has expressed his 
reluctance to extradite leaders who are actively advancing 
the peace process. 
 
2. (U) Following a highly-publicized GOC hunt for Don Berna 
in May, the GOC placed him under house arrest on a farm in 
the municipality of Piedras de Valencia, Cordoba Department. 
In July 2004, the GOC suspended arrest warrants for 
negotiating paramilitaries to encourage their full 
participation in the peace process.  The suspended arrest 
warrant for other AUC leaders effectively postponed 
extradition proceedings for them, but Don Berna's house 
arrest status allowed his extradition process to proceed. 
 
3. (C) President Uribe suspended a decision on AUC leader 
Salvatore Mancuso's extradition, saying that his cooperation 
in the peace and demobilization processes made immediate 
extradition inappropriate. 
 
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COMMENT 
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4.  (C) The Supreme Court may have set a political trap for 
Uribe whether by design or not. Don Berna is a key player in 
the paramilitaries now and maintains much influence over 
others in the paramilitary groups.  If Uribe extradites him, 
the GOC risks a severe backlash.  The slow pace of 
reintegration of paramilitaries due to resource constraints 
could mean the peace process is at least partially 
reversible.  If Uribe does not extradite Don Berna, he may be 
seen as cooperating with paramilitaries and he may risk 
charges from NGOs and the Colombian left (normally not/not 
friends of extradition) that his government is not 
prosecuting the paramilitaries.  End Comment. 
WOOD