Identifier
Created
Classification
Origin
04BOGOTA3894
2004-04-16 23:24:00
SECRET
Embassy Bogota
Cable title:  

UPDATE ON COLOMBIAN DRAFT LEGISLATION TOUCHING ON

Tags:  PREL PGOV KJUS SNAR CO 
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S E C R E T BOGOTA 003894 

SIPDIS

E.O. 12958: DECL: 04/16/2014
TAGS: PREL PGOV KJUS SNAR CO
SUBJECT: UPDATE ON COLOMBIAN DRAFT LEGISLATION TOUCHING ON
EXTRADITION

Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D.

S E C R E T BOGOTA 003894

SIPDIS

E.O. 12958: DECL: 04/16/2014
TAGS: PREL PGOV KJUS SNAR CO
SUBJECT: UPDATE ON COLOMBIAN DRAFT LEGISLATION TOUCHING ON
EXTRADITION

Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D.


1. (S) Summary: The Colombian House of Representatives is
close to a final vote on criminal procedure code reforms.
The GOC, supported strongly by the Embassy, is pushing for
status quo on the article that addresses extradition. A
sizable number of congressmen, however, continues to advocate
new language that would add an oral evidentiary hearing to
the extradition process. Senior House players have assured
us that the GOC will prevail in the House. In addition,
ranking senators have assured us the GOC would ultimately
prevail in the Senate, which would be the final step in
passage of legislation. Nevertheless, we continue to monitor
the situation as drug traffickers and paramilitaries are
trying to influence both houses. In a related development,
38 members of Congress co-signed a legislative proposal to
modify the Constitution to prohibit extradition of any
individual who participates in an eventual peace process with
the government. As a Constitutional reform, this measure
would face a higher vote hurdle for passage. End Summary.


2. (C) The week of April 12 saw two sessions of debate in
the House regarding reforms to the Criminal Procedure Code
(Codigo de Procedimiento Penal). Debate is set to resume on
April 20. A crucial item in the legislation is Article 518,
which established procedures for the Supreme Court's role in
the extradition process (Spanish texts faxed to WHA/AND).
The House Constitutional Affairs Committee passed a reform
proposal that would modify Article 518 to mandate an oral
evidentiary hearing between the Court and the defense
attorney of the potential extraditee. The GOC, supported
strongly by the Embassy, has pushed for maintaining Article
518 intact. Article 518 at present calls for Supreme Court
written administrative review of the extradition request.
The oral hearing element, according to Embassy and Colombian
legal experts, would potentially subject the extradition
process to questions, delays, and legal challenges. Sabas
Pretelt and Mario Iguaran, GOC Interior and Justice Minister
and Vice Minister, respectively, maintained a near constant
presence in the House during debate the week of April 13, in
an effort to keep out damaging extradition language. The
Embassy also expressed U.S. opposition to legislators.


3. (C) In a related development, on April 14,
Representative Maria del Rocio Arias Hoyos, along with 38
House and Senate co-sponsors (Senate membership is 102, House
166),introduced into the House a proposal to prohibit
extradition of any individual who "reincorporates into
society by way of a peace process with the government." (Text
faxed to WHA/AND). The proposal is not currently on the
formal congressional calendar. As a Constitutional reform,
the Arias proposal would require four rounds of approval, two
in each house, and in back-to-back congressional periods
(periods are March-June and July-December). The second round
in both houses would require qualified majority, i.e.,
majority vote of total members (vice quorum). President
Uribe appears to have enough members in both houses to
prevent its passage.


4. (C) Comment: The criminal procedure code legislation,
once passed by the House, would need to be passed by the
Senate prior to becoming law. Speaker Alonso Acosta and Vice
President Edgar Torres have assured us privately that the GOC
will carry the day in the House. Senate Constitutional
Affairs Committee Chair Luis Gomez Gallo and member Andres
Gonzalez (former GOC Justice Minister) tell us that any
attempt to modify extradition will not make it out of their
committee. Nevertheless, the congressional scene is a
complicated one, and ongoing tensions between the Executive
and Legislative branches may complicate the GOC's ability to
hold the line on extradition. Fortunately, the Arias
proposal (para 3),as a Constitutional reform, faces a higher
vote threshold in the second round.


5. (S) Comment (continued): Embassy has information
indicating that both drug traffickers and paramilitaries may
be attempting to influence senators and congressman. Embassy
will continue to monitor the situation and lobby against any
and all modifications to extradition rules and procedures.
WOOD