GOC REACTS STRONGLY TO U.S. ATTORNEY PRESS

UNCLAS SECTION 01 OF 02 BOGOTA 012512

SIPDIS

SENSITIVE

STATE FOR L/LEI - HCOLLUMS AND GHARRIS
JUSTICE FOR DAAG WARREN
JUSTICE FOR CRM/OIA - MDRODRIGUEZ, TBLACK, AND PJOSEPH

E.O. 12958: DNG: UN 12/07/2014
TAGS: PREL KJUS SNAR CO
SUBJECT: GOC REACTS STRONGLY TO U.S. ATTORNEY PRESS
CONFERENCE ON GILBERTO RODRIGUEZ-OREJUELA EXTRADITION

REF: (A) STATE 249758

(B) BOGOTA 11862


1. (SBU) Late on December 6, Camilo Ospina, President
Uribe's Legal Advisor, contacted the Ambassador to voice
the President's strong concerns over the press conference
by the U.S. Attorney for the Southern District of Florida
on the extradition of Gilberto Rodriguez-Orejuela to the
effect that Rodriguez-Orejuela would be tried for acts
committed during the past 20 years. (Colombian law
prohibited extradition of Colombian nationals prior to
December 17, 1997, so no activities prior to that date can
be the subject of a U.S. trial under Colombian law. The
U.S. has provided assurances - Ref A - that we would abide
by that condition of extradition.) Interior and Justice
Minister Sabas Pretelt de la Vega also contacted Judatt to
protest the USA's comments, suggesting that the ability of
the GOC to extradite Miguel Gilberto Rodriguez-Orejuela
could be compromised. Ambassador also spoke by phone with
traveling FM Carolina Barco.


2. (SBU) On December 7, Ambassador was called to the MFA
by Acting FM Jaime Giron and given a copy of a diplomatic
note protesting the Florida statement and asking for
rectification (text - para 4). He noted that President
Uribe wanted a public rectification very quickly because
extradition was under heavy pressure in Colombia.
Ambassador provided Giron with the just-arrived text of
the Florida DOJ press release clarifying earlier
statements during the meeting. Giron expressed his
satisfaction with the statement.


3. (SBU) Comment: The GOC expressed serious concern
about negative public reaction to the USA's comments and
the potential arguments they might give to defense
attorneys defending clients from extradition (notably
Miguel Rodriguez-Orejuela, Simon Trinidad, and alias
Sonia). End Comment.


4. (U) Begin informal translation of GOC dipnote:

Mr. Secretary:

I want to express to Your Excellency the surprise and deep
concern with which the Colombian Government learned of the
press release of Federal Prosecutor Marcos Daniel Jimenez,
after the appearance of Gilberto Rodrguez Orejuela before
the Federal Court for the Southern District of Florida,
according to which Mr. Rodriguez Orejuela would be
prosecuted in Miami for charges previous to 1997,
contravening the conditions established by the Colombian
Government when it authorized his extradition to the
United States of America.

For the Government of Colombia, it is important to protect
the extradition process as an effective bilateral
mechanism to combat organized transnational delinquency
and, in this context, the scourge of drug trafficking.
For this reason we want to draw attention to the
commitment undertaken by the Petitioner State to conform
to the conditions under which the Government of Colombia
granted the extradition. This aspect deserves special
treatment by United States' authorities in order to
guarantee the strictest compliance.

The Government of Colombia granted the extradition based
on the understanding that the requested person would be
neither judged for any act previous to that which
motivated the extradition, nor subject to sanctions
different from those imposed in the sentence. In
addition, if according to the laws of the Petitioner
State, the crime that motivated the extradition carries
the death penalty, the extradition would only take place
with the condition of commutation of the penalty, and
equally, also as a condition, that the person extradited
would not be subject to forced disappearance, torture or
cruel, inhuman or degrading treatment or punishment, or
exile, life imprisonment and confiscation.

The above is based on the current Colombian criminal
justice system (Article 512 of the Colombian Criminal
Procedure Code) and on Ruling C-1106 of August of 2000 of
the Colombian Constitutional Court, according to
requirements of Articles 11, 12, and 34 of the
Constitution.

I would be very grateful if Your Excellency would transmit
to your Government the distress generated in Colombia by
Prosecutor Marcos Daniel Jimenez's declarations, as well
as the importance of adopting the necessary measures to
guarantee the fulfillment of the conditions under which
the extradition was granted and that the United States of
America accepted in its Diplomatic Note 2970 of December
3, 2004.

I avail my self of this opportunity to renew to Your
Excellency the assurances of my highest and most
distinguished consideration.

End translation. WOOD