US embassy cable - 05BOGOTA11058

UNCLAS BOGOTA 011058 
 
SIPDIS 
 
SIPDIS 
 
ONDCP FOR JOHN WALTERS, PATRICK WARD, AND RICHARD O'CONNOR 
 
E.O. 12958: N/A 
TAGS: DOJ, OPDAT, PGOV, PHUM, SNAR, CO 
SUBJECT: DRUG CZAR WALTERS DISCUSSES PEACE AND JUSTICE LAW 
WITH COLOMBIAN PROSECUTOR GENERAL 
 
 
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Summary 
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1.  (SBU) Summary.  On November 9, 2005, ONDCP Director John 
P. Walters met with Prosecutor General Mario Iguaran Arana 
and several members of his staff.  During the hour-long 
meeting the two expressed their appreciation for the 
cooperation that both countries have shown each other in 
their mutual fight against drug trafficking, efforts to 
dismantle foreign terrorist organizations, and campain to 
carry out aerial and manual eradication.  Director Walters 
stressed the need for successful implementation of the 
Justice and Peace Law.  End summary. 
 
2.  (SBU)  In attendance from the U.S. delegation were 
Director Walters; Patrick Ward, ONDCP Assistant Deputy 
Director; Richard O'Connor, ONDCP Colombian Analyst; Julie 
Gianelloni Connor, NAS Director; Paul Vaky, DOJ/JSRP 
Director; Alberto Rodriguez, NAS; Paul Dever, NSA; and note 
taker Jerold McMillen, DOJ Justice Attache.  In attendance 
from the Colombian delegation were Prosecutor General 
Iguaran; Jorge Otalora Gomez, Vice Prosecutor General; Janny 
Jalal Espitia, National Director of the Fiscalia; Luis 
Gonzalez, Director of the Fiscalia's new Justice and Peace 
Unit; Maria Fernanda Cabal Molina, new Director of the 
Fiscalia's International Relations Office; Ivan Ariza, new 
Director of the Fiscalia's Narcotics and Maritime 
Interdiction Section; Sara Magnolia Salazar Landinez, the new 
Director of the Fiscalia,s Money Laundering and Asset 
Forfeiture Section; and Jaime Lopez, the new Director of the 
Fiscalia's Technical Investigation Unit (CTI). 
 
3.  (SBU)  Prosecutor General Iguaran opened the meeting held 
in his office by welcoming Director Walters and the rest of 
the U.S. delegation and then introducing his Colombian 
delegation.  In his welcoming remarks, Iguaran emphasized 
that he and his staff are well aware of the damage that drug 
trafficking has caused in both countries and are all 
committed to continuing to work with their U.S. partners to 
fight the problem. 
 
4.  (SBU)  Director Walters then thanked Iguaran for his warm 
welcome and congratulated him for his recent appointment as 
the new Prosecutor General of Colombia, commenting on 
Iguaran's distinguished legal record and lengthy service to 
the government.  Director Walters then noted Colombia's 
important progress and commitment to the "rule of law" and 
its recent change to an accusatory criminal justice system. 
Director Walters further stated that Colombia is a positive 
example to the world and thanked the group and Colombian 
government for their efforts in maintaining our close law 
enforcement partnership and for their courage and efforts in 
developing democratic institutional structures and fighting 
crime despite the many difficulties and challenges that 
Colombia faces. 
 
5.  (SBU)  Iguaran stated that Director Walter's comments and 
visit inspire him and his staff to maintain Colombia's law 
enforcement and extradition relationship with this United 
States.  He stated that the Fiscalia had no intent to move 
backward in its relationship with the various U.S. law 
enforcement partners, such as the Department of State and the 
Department of Justice.  Iguaran also specifically mentioned 
that he and his staff will continue to demonstrate their 
commitment to working closely with the FBI, DEA, and other 
law enforcement agencies on bi-lateral case initiatives and 
operations, which he believes sends a powerful message to 
criminals.  Furthermore, he stated that Colombia,s new 
criminal justice system will make it easier to conduct more 
effective undercover investigations.  He also expressed his 
appreciation for the United States' support of their 
successful aerial and manual eradication programs. 
 
6.  (SBU)  Director Walters responded that the eradication 
efforts in the region have resulted in a 30 percent decrease 
in cocaine production.  He noted that the United States also 
has domestic eradication programs, such as in California and 
Hawaii; as a result, the United States is aware that such 
programs are sometimes controversial.  However, the programs 
 
are necessary, and every effort is made to minimize any 
environmental damage that such programs might cause.  He 
further stated that the AUC and other illegal organizations 
have over-produced cocaine and flooded the market.  But our 
combined eradication, interdiction, and prosecutorial efforts 
have also directly resulted in the increased prices of 
cocaine in the world markets.  Director Walters stressed that 
the United States is equally concerned with combining our 
efforts in taking away the illicit wealth of drug 
traffickers. 
 
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Discussion of Justice and Peace Law 
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7.  (SBU)  Director Walters underscored that for Colombia to 
be successful in implementing its new Justice and Peace Law, 
it is critical that the Fiscalia, in a transparent manner, 
make the AUC members fully confess their crimes and forfeit 
the illicit wealth.  Director Walters went on to explain how 
other countries and governments of the world, for instance 
Mexico, surely envy the historic opportunity now facing 
Colombia to rid itself of the criminal organizations that 
control their countries and institutions.  Director Walters 
stated that the United States believes in Iguaran's 
leadership, and we are committed to helping him and the 
Fiscalia to seize this historic opportunity to change 
Colombia for the better. 
 
8.  (SBU)  Iguaran responded that as far as the Fiscalia is 
concerned it is clear that the new Justice and Peace Law will 
not effect extradition.  He further stated the Fiscalia is 
prepared to demonstrate that the Justice and Peace Law will 
not be used to give sanctuary to those individuals who are 
not really members of illegally armed organizations, but are 
really nothing more than criminals organized to traffic 
drugs.  He specifically stated, "we will not let people take 
advantage of the law," promising the Justice and Peace Law 
will be limited only to eligible people and crimes. 
 
9.  (SBU)  Iguaran then explained that the Fiscalia is 
working diligently to develop a special unit in the Fiscalia 
to investigate and prosecute cases under the Justice and 
Peace Law.  Toward that end, the Fiscalia is working with 
other governmental entities to develop a comprehensive 
computerized system to store and cross-reference information 
developed during the course of their investigations.  He 
stated their investigations will not simply rely on the 
confessions of demobilized members; instead, they will do 
their best independently to investigate their crimes and 
illegal assets.  As to investigations into illicit assets, 
Iguaran stated it will be difficult to fully identify and 
recover the assets because most of the AUC's assets have been 
converted into other types of assets or placed in the names 
of third parties.  He also stated that demobilized members 
have expressed a willingness to be punished with a term of 
imprisonment, but it is less clear they are as willing to 
forfeit their assets.   However, Iguaran commented, "we must 
find a way to deal with this as well." 
 
10.  (SBU)  Director Walters stated that in the United States 
we have also experienced the lengths to which criminals will 
go to protect their assets, and we have found that they will 
often convert properties into other assets, place properties 
in third party names, provide false information, and 
intimidate others not to cooperate in investigations.  He 
also recognized that forfeiture investigations and 
proceedings are often time consuming, complex, and difficult. 
 But he encouraged Iguaran to try his best to find a way to 
make the proceedings under the Justice and Peace Law 
transparent, efficient, and effective.  In particular, 
Director Walters noted the importance of developing the 
Fiscalia's specialized Justice and Peace Unit to include, at 
least partially, with capable and trained financial crimes 
and asset forfeiture experts.  Finally, Director Walters 
stated that he was confident that with Iguaran's oversight 
and leadership the unit would be successful and that the 
United States government is prepared to help them by 
providing technical assistance to the unit. 
 
 
11.  (SBU)  The meeting then concluded with everyone thanking 
each other for their attendance and for their continued 
collaboration on the above areas of mutual concern and 
interest. 
 
12.  (U)  The text of this cable has been cleared by John P. 
Walters, ONDCP. 
DRUCKER