GOC AIRS CONCERNS OVER CALIFORNIA LAWSUIT AGAINST

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 003628

SIPDIS

E.O. 12958: DECL: 04/06/2015
TAGS: ECON KJUS EPET CO PROL
SUBJECT: GOC AIRS CONCERNS OVER CALIFORNIA LAWSUIT AGAINST
OCCIDENTAL PETROLEUM AND AIRSCAN FOR 1998 SANTO DOMINGO
BOMBING

REF: A. 2000 BOGOTA 09890

B. 2001 BOGOTA 00504

C. 02164

D. 05864

E. 11158

F. 2002 BOGOTA 01587

G. 02351

Classified By: Ambassador William B. Wood, reason 1.4 (b).


1. (U)SUMMARY: The MFA has notified the Embassy of its
concern over a pending lawsuit in Federal District Court in
California concerning the controversial bombing of the
Colombian village of Santo Domingo in 1998 (see reftels),
which it fears may have negative repercussions on bilateral
relations. END SUMMARY.


2. (U) A Colombian filed the lawsuit on April 24, 2003 under
the Alien Tort Claims Act. It argues that two U.S.
companies, Occidental Petroleum and Airscan Inc., share
responsibility for the Colombian Air Force's bombing of the
village of Santo Domingo, Arauca department, in December
1998, in which 17 people were killed. An Airscan crew in a
small surveillance aircraft, operating on a contract with the
Colombian Air Force funded with Occidental contributions,
made targeting suggestions to Colombian Air Force helicopter
crews during a military confrontation with the FARC near
Santo Domingo. At the time, the Airscan aircraft was
conducting anti-guerrilla surveillance of the pipeline that
carries oil from Occidental's wells in Arauca.


3. (SBU) MFA contacts told EconOff that such a legal process
would likely require a weighing of fault. The MFA
specifically cited the specter of Colombian air force
officers testifying under a U.S. subpoena as a concern. A
finding by a U.S. court that the GOC or military acted in bad
faith in Colombian territory was also a concern. The Ministry
learned that the presiding judge in the case had contacted
the Department to inquire about the case's potential impact
on bilateral relations, and the MFA transmitted its concerns
to post via verbal and diplomatic note.


4. (U) Post received verbal note VER-CEC No. 1278 of March
12, 2004, which referred to the case and stated that "the
responsibility of Colombian government for the events...
remains under investigation by the Colombian judicial system
under the principle of territoriality." Post received
Diplomatic Note VRE-CEC No. 12785 of March 12, 2004, in
reference to the suit. Informal Embassy translation follows:

The Ministry of Foreign Relations sends its sincere greetings
to the Embassy of the United States of America and makes
reference to verbal note VER-CEC No. 3866 of February 25,
2004, which mentions a lawsuit filed before the District
Court of California on April 24, 2003, against Occidental
Petroleum Corporation and Airscan, Inc. for events which took
place in the municipality of Santo Domingo, Arauca, Colombia,
in December of 1998 (Case No. 03-CV-2860-WJR (JWJX)).

The Ministry of Foreign Relations wishes to add that the
Government of Colombia believes an eventual decision in the
aforementioned case could have repercussions on its
relationship with the United States. The Ministry of Foreign
Relations takes this opportunity to assure the Honorable
Embassy of the United States of America of its highest
consideration.


5. (C) Comment: The Santo Domingo case was not expeditiously
investigated by military authorities and has been a thorn in
bilateral relations for the past five years. In October
2002, Colombia's Office of the Inspector General
("Procuraduria") ruled that two members of an Air Force
helicopter crew acted negligently in dropping a cluster bomb
on the town, and suspended them without pay for 90 days. The
entire three-member crew was recently indicted by the Office
of the Prosecutor General ("Fiscalia") on charges of
manslaughter.


6. (C) There is little question that a finding for or against
the GOC in this case would be seen by many in Colombia as
interference in Colombia's internal affairs and would
negatively impact our bilateral relations. As noted in
paragraph 4, the GOC is prosecuting this case, albeit
tardily. The ruling of a U.S. court on guilt or innocence
could become an issue in the Colombian legal proceeding
and/or the public's view of the case.


7. (C) The Embassy relies on the Department for the
ultimate determination of the foreign policy implications of
the case. We can see adverse effects relating to legal
issues, reciprocity, extraterritoriality, as well as
bilateral relations. Regarding the bilateral aspects, the
Embassy works closely with Oxy and the GOC to preserve the
pipeline, the safety of which is an explicit Administration
and Congressional goal. Contractors play a large role in
Embassy programs, Oxy's protection, other U.S. companies'
protection, and in some GOC security programs. A ruling
against Oxy and/or Airscan could complicate contracting,
recruitment, and/or mission objectives. We already have had
several contractors killed in the context of our drug
eradication programs, and three U.S. contractors remain
hostages of the FARC terrorist group. The eradication
program never involves contractors or U.S. personnel in a
combat role. But contractors are frequently part of mission
planning, which involves coordination of Colombian military
forces deployed to clear and temporarily hold regions
targeted for anti-drug spraying. An adverse ruling could
complicate that relationship. End Comment.
WOOD