FOLLOW-UP MEETING WITH FATHER JOAKIN MAYORGA

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 011421 SIPDIS E.O. 12958: DECL: 11/03/2014 TAGS: PHUM PGOV KIRF KJUS PTER PINR CO SUBJECT: FOLLOW-UP MEETING WITH FATHER JOAKIN MAYORGA REF: A. BOGOTA 8406 ¶B. BOGOTA 8687 Classified By: Charge d'Affaires Milton K. Drucker for reasons 1.4 (b) and (d). ¶1. (C) Summary: On November 3, Father Joakin Mayorga visited the Embassy to discuss the status of an investigation by the Office of the Prosecutor General ("Fiscalia") into accusations made by two Army officers that he had committed criminal misrepresentation. In February, Mayorga alleged -- on behalf of residents of a peasant community in Bolivar Department -- that soldiers from the Antonio Narino Marine Infantry Battalion had killed three community residents and played a role in the disappearance of a thirteen-year-old boy in January. Mayorga told us Fiscalia prosecutors have conducted themselves professionally and will decide whether to press formal charges by the end of the year. Mayorga has been told his case is being followed closely by high-ranking officials in the Fiscalia and the Office of the Inspector General ("Procuraduria"). Mayorga expressed satisfaction with the Fiscalia's progress in investigating the alleged murders and forced disappearance. Church officials have reassigned Mayorga from Bolivar Department to Bogota for security reasons. End Summary. ¶2. (SBU) On November 3, an Embassy official met with Father Joakin Mayorga, former director of the Roman Catholic Church's Social Ministry ("Pastoral Social") in the Diocese of Magangue, Bolivar Department. Mayorga has been the subject of a Fiscalia investigation after two Army officers, including the commander of the Antonio Narino Marine Infantry Battalion, Lieutenant Colonel Luis Fernando Rojas, accused him of criminal misrepresentation (ref A). In February, residents of the community of Canonico, Bolivar Department, asked Mayorga to present to the Fiscalia their allegations that soldiers from the battalion had killed three peasants and played a role in the disappearance of a thirteen-year-old boy in January. To date, the Fiscalia has not pressed charges against Mayorga. ¶3. (SBU) Mayorga first met with Fiscalia investigators on August 26 to answer questions related to the officers' accusations. (The meeting had originally been scheduled for late June, but was postponed when Mayorga informed investigators of a schedule conflict.) Mayorga was invited to a second meeting with investigators on September 17 to discuss the possibility of reaching a settlement with the military officers. Although legally required to attend, neither officer was present for the meeting. Fiscalia investigators suggested Mayorga issue a retraction in order to put the matter to rest. He refused, citing his responsibility to members of the community of Canonico and his interest in seeing the perpetrators of the alleged murders and disappearance brought to justice. Mayorga said he told Fiscalia investigators he was not personally accusing the military of any wrongdoing. On October 18, Fiscalia investigators interviewed several community residents, including family members of the murder victims. The case against Mayorga remains under investigation. Prosecutors are expected to decide before the end of the year whether to charge Mayorga with criminal misrepresentation or close the investigation. ¶4. (C) Mayorga said Fiscalia investigators conducted themselves in a respectful, professional manner and told him the case was being followed closely by Prosecutor General Osorio and high-ranking officials within the Procuraduria. Fiscalia investigators told Mayorga that both offices had expressed a special interest in resolving the case quickly and transparently. (When Ambassador raised Mayorga's case with Vice-President Santos in August, Santos promised to look into the matter (ref B).) Mayorga told us the Fiscalia's Human Rights Unit had launched an independent investigation into the alleged murders and forced disappearance and had already interviewed most of the victims' family members. Mayorga was pleased the case was progressing quickly. He also said the Procuraduria is conducting a disciplinary investigation to determine whether soldiers from the battalion were involved in the January incident. Mayorga confided his suspicion that certain elements within the battalion actively cooperate with paramilitaries. ¶5. (C) Mayorga said he had been reassigned to Bogota on October 1 after other priests and a bishop in the region began to receive threats from paramilitaries, who told the priests that they would be held responsible if Mayorga continued his "subversive work" in Bolivar Department. Mayorga, who has himself received similar threats over the past two years, said he protested the decision and feels he has abandoned the isolated communities in which he had worked. DRUCKER