US embassy cable - 05BOGOTA10391

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 010391 
 
SIPDIS 
 
E.O. 12958: DECL: 11/03/2015 
TAGS: PGOV, PTER, CO, Demobilization 
SUBJECT: REPARATIONS COMMISSION MEMBER CRITICIZES HOSTILITY 
OF PROCURADURIA; SAYS URIBE ON MARK WITH PARAS 
 
Classified By: Ambassador William B. Wood. 
Reason: 1.4 (b,d) 
 
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Summary 
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1.  (C) National Commission on Reconciliation and Reparations 
member Jaime Jaramillo said November 2 that the Commission's 
work is going well despite the frequent and transparent 
hostility of the Attorney General's office (procuraduria) 
representatives during Commission meetings.  Jaramillo said 
paramilitaries also remain suspicious of the Commission, 
considering it to be a "repressive apparatus of the State." 
In Jaramillo's view, President Uribe was correct to insist on 
the December 31 demobilization deadline because he cannot 
afford to be dealing with demobilizations late into the 2006 
electoral campaigns.  Jaramillo said the Constitutional 
Court's reelection decision should boost ELN peace talks, 
although he expressed disappointment that the ELN's circle of 
interlocutors in Medellin was so narrow.  Jaramillo will 
continue in his efforts to meet with Don Berna in Itagui; 
Peace Commissioner Restrepo has refused his previous two 
efforts to arrange a meeting.  Jaramillo also delivered a 
message for the Ambassador on extradition from Salvatore 
Mancuso.  End summary. 
 
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Commission Work Going Well... 
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2.  (C) Jaramillo told D/Polcouns that the Commission's work 
was going well.  The GOC formed the Commission to implement 
the reparations and reconciliation provisions of the Justice 
and Peace law.  Jaramillo expects to receive a copy of the 
Justice and Peace law implementing regulations early next 
week and is moving forward on three additional key tasks: 
evaluating properties already handed over for reparations; 
strengthening the Solidarity Fund; and finalizing the process 
for selecting the Commission's two victims' representatives. 
 
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...Despite Procuraduria Hostility 
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3.  (C) Jaramillo was highly critical of the procuraduria 
lawyers' hostility towards the Justice and Peace law.  He 
said the lawyers frequently attack the law in Commission 
meetings, asserting that it is a law of impunity and fails to 
meet international standards.  The procuraduria's outside 
advisors chime in with similar criticisms (one has taken to 
referring to Uribe as "Colombia's Fujimori" during meetings). 
 In Jaramillo's view, the lawyers are on a political campaign 
to discredit the law, following the instructions of their 
boss, Procurador General Edgardo Maya.  Their lack of 
constructive assistance has slowed the Commission down 
somewhat, Jaramillo said, but will not prevent it from moving 
forward. 
 
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Paras Suspicious 
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4.  (C) Jaramillo said paramilitaries remain suspicious and 
even fearful of the Commission's work, referring to it as a 
"repressive apparatus of the State."  The paramilitaries 
assert that the Commission is designed to confiscate their 
properties.  Jaramillo noted that the Commission is making 
efforts to persuade paramilitaries that the Fiscalia is 
responsible for any law enforcement aspects of property 
identification and redistribution, while the Commission 
focuses on reparations for victims.  In Jaramillo's view, the 
Fiscalia will have a tough time identifying properties for 
confiscation, especially in areas such as Uruba, Cordoba, 
Bajo Magdalena, and in border areas (especially with 
Venezuela), where few, if any, paper records exist. 
 
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Uribe's "Clearly Correct" Move on Para Demobilization 
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5.  (C) Jaramillo characterized Uribe's insistence on 
paramilitary demobilizations by December 31 as "clearly 
correct," arguing that the president does not want to 
campaign in 2006 with demobilization issues hanging over his 
head.  In Jaramillo's view, the paramilitaries who are still 
to demobilize are low in morale and internally divided.  They 
are not nearly the force they once were, he said, and Uribe 
can afford to push them hard. 
 
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ELN's Circle Too Narrow 
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6.  (C) According to Jaramillo, the Constitutional Court's 
reelection decision should boost the ELN peace process, 
although ELN spokesperson Francisco Galan is not using his 
"probational liberty" as well as he could because his circle 
of interlocutors is too narrow.  If Galan does not expand his 
circle the peace process would remain slow and cumbersome 
because Galan is not listening to many opposing views. 
Jaramillo asserted that Colombia's business sector should 
become more involved in the discussions.  Unfortunately, he 
said, they assume the ELN is basically defeated and no longer 
poses a military threat.  Such an analysis is misguided, 
Jaramillo said, and dangerous: it misses an important 
political opportunity to bring the ELN into the "democratic 
camp" and further isolate the FARC. 
 
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Seeking a Meeting with Don Berna 
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7.  (C) Jaramillo will continue to press Restrepo for an 
opportunity to meet with Don Berna in Itagui, a request that 
Restrepo has denied twice already.  Jaramillo explained that 
Don Berna exerts a powerful hold over paramilitaries and 
"pseudo-paramilitaries" (i.e., narcotraffickers) and could 
play an important role in releasing properties for 
reparations. 
 
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Message for Ambassador from Mancuso 
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8.  (C) Jaramillo passed on a personal message for the 
Ambassador he said was from Mancuso: Mancuso is prepared to 
serve any Justice and Peace sentence in the U.S. and wants to 
talk about conditions and terms of confinement.  He is aware 
that he could face additional charges in the U.S. (see septel 
for more detailed discussion of this and similar extradition 
"offers" the embassy has received in recent weeks). 
WOOD