US embassy cable - 05BOGOTA10037

C O N F I D E N T I A L BOGOTA 010037 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 10/25/2015 
TAGS: KJUS, PTER, PREL, PGOV, CO 
SUBJECT: DEFINING JUSTICE AND PEACE LAW ELIGIBILITY 
 
Classified By: Ambassador William B. Wood. 
Reasons: 1.4 (b) and (d) 
 
 
------- 
SUMMARY 
------- 
 
1. (C) In early October, Minister of Interior and Justice 
(MOI/J) Sabas Pretelt met with Minister of Defense (MOD) 
Camilo Ospina, Peace Commissioner Luis Carlos Restrepo, and 
other high-level GOC officials to discuss the Justice and 
Peace (J&P) law eligibility of demobilized paramilitaries and 
other insurgents.  It was decided that the MOD would define 
the list of J&P eligible individual deserters/demobilized and 
the MOI/J the list of collective demobilized paramilitaries. 
Pretelt said the selection of J&P-eligible candidates, 
including those already serving sentences, would have to be a 
political decision but should be rigorous and responsible. 
Nevertheless, he clarified that persons who have caused an 
"irreparable act to the community," such as the participants 
in the El Nogal bombing, should never be allowed to benefit 
from the J&P law.  End Summary. 
 
--------------------------------------------- ------- 
J&P ELIGIBILITY FOR INDIVIDUAL DESERTERS/DEMOBILIZED 
--------------------------------------------- ------- 
 
2.  (C) According to a mid-level GOC official present at the 
meeting,  Minister Pretelt wanted to clarify J&P eligibility 
of demobilized paramilitaries and other insurgents.  After a 
lengthy discussion, it was agreed that the MOD would generate 
the list of individual deserters/demobilized eligible to 
participate under J&P law.  They agreed that the list would 
be the result of a rigorous verification process; candidates 
should only be those who contribute new and valuable 
information.  All demobilized individuals must participate in 
military interviews and submit themselves to the Committee on 
Laying Down Arms (CODA), whose responsibility is to verify 
the individuals' membership in an illegal armed group and 
certify their participation in the reinsertion program. 
 
3. (C) GOC officials present determined that it was not 
appropriate for judicial police to participate during the 
identification and selection process.  The MOD, nevertheless, 
will share the information with the Prosecutor's Office 
(Fiscalia), the military, and police intelligence agencies. 
Each of these agencies will then determine the value of the 
information. 
 
---------------------------------------- 
THOSE ALREADY SENTENCED MUST ALSO COMPLY 
---------------------------------------- 
 
4.  (C) Pretelt said prisoners (those already convicted and 
sentenced to jail time for crimes before the J&P law) who 
apply for J&P benefits face the same requirements as an 
individual deserter/demobilized.  Each person will be 
interviewed, and all their information will be carefully 
evaluated for relevance and utility.  Peace Commissioner 
Restrepo announced that his office will send the names of 32 
FARC prisoners who applied for J&P benefits (from the 
original list of 38) to the MOD to begin their initial 
interview process.  Pretelt reportedly clarified that persons 
who have caused an "irreparable act to the community," such 
as the perpetrators of the Nogal bombing, should never be 
allowed to participate under the J&P law. 
 
5.  (C) Pretelt emphasized that the list generated for 
individual deserters who have demobilized as well as 
prisoners seeking J&P benefits should be "a responsible 
political act" and that the GOC must collect as much 
information as possible on those participating under the J&P 
law.  Only the collection of all pertinent information will 
allow the government, with the assistance of the military, to 
dismantle the criminal organizations, he said. 
 
--------------------------------------------- ------- 
COLLECTIVE DEMOBILIZED, SLIGHTLY DIFFERENT TREATMENT 
--------------------------------------------- ------- 
 
6.  (C) The selection of J&P eligible, collective demobilized 
paramilitaries will be the responsibility of the MOI/J.  The 
creation of this list, as with that of the individual 
deserters/demobilized, would be a political decision but 
should be rigorous and responsible.  It is expected that the 
interview process in these cases would be as thorough as that 
involving the individual deserters/demobilized. 
 
7.  (C) GOC officials also reportedly expressed concern that 
the Fiscalia has not attended the last four collective 
demobilizations and has not taken any 782 debriefings or 
"version libres."  Several reasons were cited: 1) the 
Fiscalia does not have any guarantee that it could receive 
well-done and complete "version libres" since the demobilized 
paramilitary is normally under the pressure of his 
commanders, who tell him/her what to say or not to say during 
the debriefing; 2) the paramilitaries are still armed and 
demobilization zones do not offer necessary security to 
conduct the debriefings; and 3) the Fiscalia's Corp of 
Technical Investigators lack the necessary resources to 
participate in the demobilizations and conduct individual 
identifications in the demobilized zones. 
 
8. (C) The Peace Commissioner suggested that the "version 
libres" be conducted once the paramilitary has been 
demobilized, turned over his/her arms, and his/her group is 
dissolved.  That way, the Fiscalia can set-up an appointment 
with them to debrief in a zone which the Fiscalia can 
control.  Restrepo explained that the manner in which the 
"version libres" are being conducted are inconvenient and 
undermine the seriousness of the investigation.  His office 
and the Prosecutor General's will develop a strategy to 
improve this process. 
 
9.  (C) In response to recommendations from other GOC 
officials in the meeting, Restrepo acknowledged that his 
office will evaluate the possibility of informing 
paramilitaries during their demobilizations of their legal 
benefits and obligations under the J&P law.  The objective 
would be to encourage them to participate in the J&P process 
and warn them that they could later be interviewed more 
extensively.  The group was also informed that several 
paramilitary leaders have expressed their interest in 
benefiting under the J&P law and are waiting for the 
implementing regulations before proceeding. 
 
----------------------------------------- 
PREOCCUPATION FOR REPARATION FUNDS SOURCE 
----------------------------------------- 
 
10. (C) Several GOC officials in the meeting raised concerns 
regarding the paramilitaries' willingness to declare their 
properties since most of these properties are in the names of 
their family members and the paramilitaries are reluctant to 
disclose their names.  The meeting participants decided to 
explore options that could permit the paramilitaries to 
identify a sufficient number and value of property to make 
meaningful reparation to victims. 
WOOD