US embassy cable - 05BOGOTA10963

C O N F I D E N T I A L BOGOTA 010963 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 11/22/2015 
TAGS: PGOV, MARR, MOPS, PHUM, SNAR, CO 
SUBJECT: MILITARY JUSTICE: REFORMS ON TRACK, BUDGET FALLS 
SHORT 
 
Classified By: Charge d'Affaires Milton K. Drucker; reasons 1.4 
(b) and (d) 
 
Summary 
------- 
 
1. (C) On November 17, Brigadier General Luis Fernando 
Puentes, Director of Colombia's Military Penal Justice 
system, noted that reforms were moving forward but budget 
constraints were becoming problematic.  He hopes the 
Colombian Senate approves the first wave of Congressional 
reforms, introduced last spring, within the next couple of 
weeks.  He said the second wave of reforms will likely remain 
in Congress until the end of 2006 at the earliest due to the 
upcoming electoral season.  While he was pleased with more 
expeditious processing of military cases, he complained about 
the MOD's decision to cut his already meager budget.  Puentes 
declared he would resign rather than accept a budget of less 
than USD 400,000 for 2006.  End summary. 
 
Reforms on Track 
---------------- 
 
2.  (U) On November 17, Poloff met with Director of Military 
Penal Justice (MPJ) Brigadier General Puentes to discuss the 
status of reform programs and budgeting for 2006.  He 
reported that the first wave of Congressional reforms 
remained on track and would hopefully be approved by the 
Colombian Senate before December 12.  MPJ officials could 
then process cases related to administrative or service 
crimes through a separate judicial review, thus reducing the 
17,000 case backlog.  Puentes hopes to reduce the backlog by 
7,000 cases by the end of 2006.  If reforms are not approved 
before the December recess, MPJ can still reduce the backlog, 
but by significantly less than 7,000 cases. 
 
3. (SBU) The second wave of Congressional reforms, which aim 
to alter the institution by converting to an accusatorial 
system, instituting a defense corps, creating a criminal 
investigative lab for military cases, and establishing a set 
budget, will likely remain in legislative debate until late 
2006.  Puentes said part of the two-month delay in submitting 
the draft to Congress was Defense Minister Camilo Ospina's 
decision to revise the reform draft, which pushed back the 
formal introduction until September 20, 2005.  Moreover, 
Congress will be focused on the upcoming election season 
rather than debating long-term institution overhaul, 
according to Puentes. 
 
Puentes Happy About High Profile Cases... 
----------------------------------------- 
 
4. (SBU) Puentes stressed that he was pleased with the 
progress of high-profile cases in the MPJ system.  He said 
the Guaitarilla case absolved the Army participants of any 
wrongdoing and concluded in March 2005.  He reported that the 
Iscuande case, which charged two seamen for cowardice during 
combat, four for infiltrating the Colombian military to 
benefit terrorists, and one for profiting on the ambush 
attack, should conclude within the next few weeks, only nine 
months after the attack.  On the other hand, the Cajamarca 
case, which involved civilian deaths in April 2004, was moved 
to the civilian Prosecutor General's Office last November 
because of allegations of human rights violations and is 
still awaiting trial.  The Arauca case from August 2004 is 
also pending in the civilian system.  Puentes asserted that 
military cases are reviewed efficiently in the military 
system, which he claimed was more functional, even before 
reform, than the civilian system.  He offered the example of 
the Mapiripan case and said it demonstrated the Prosecutor 
General's inability to resolve cases even years after the 
crime. 
 
... But Less Thrilled with Budget 
--------------------------------- 
 
5. (C) Puentes railed at his 900,000,000 peso (roughly USD 
390,000) budget and claimed that the Ministry of Defense 
prioritized all other matters over military justice. He has 
been attempting to secure a 1,500,000,000 peso (USD 650,000) 
budget but claimed that Defense Vice Ministers were unwilling 
 
to discuss a higher sum.  He told Poloff he planned to resign 
if the budget was not increased by early next year because he 
said it was unworkable and insulting to expect an 
institutional overhaul of the MPJ system with a smaller 
budget than the meager FY2005 allotment. 
 
6. (U) After thanking the United States for continued 
interest in the military justice reforms, Puentes requested 
that the USG consider discussing the importance of a workable 
budget and timely reform with GOC interlocutors. 
DRUCKER