Identifier | Created | Classification | Origin |
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04BOGOTA4332 | 2004-04-29 15:25:00 | SECRET//NOFORN | Embassy Bogota |
This record is a partial extract of the original cable. The full text of the original cable is not available. |
id: 16485 |
1. (S) Although he cannot evade responsibility for presiding for thirty-three months over an institution polluted by corruption, Prosecutor General ("Fiscal") Luis Camilo Osorio has followed through on his promise to remove officials who fail polygraph exams or are otherwise suspected of corruption. He has also responded quickly to specific Embassy information on corrupt officials. Several former officials have fought back in the press. Based on evidence of corruption, much of which was discovered and provided to Osorio by the Embassy, we lend little credence to these officials' attempts to defend themselves. Osorio must continue to apply strict standards of institutional rectitude and empower his new internal anti-corruption unit with the authority, resources, and independence needed to do its job. From the USG's perspective, ensuring the unit's integrity is imperative. End Summary. -------------------------- Osorio Removes Suspected Prosecutors -------------------------- 2. (S) On April 12, Prosecutor General ("Fiscal") Luis Camilo Osorio announced the dismissal of Luis Fernando Torres, former director of the Anti-Narcotics and Maritime Interdiction Unit (UNAIM) at the Office of the Prosecutor General ("Fiscalia"). Torres tested "inconclusive" on a recent polygraph exam administered by FBI specialists, and then refused to take another. Osorio also dismissed Alvaro Bayona, an UNAIM prosecutor suspected of tampering with evidence against reputed narcotrafficker Leonidas Vargas, alias "El Viejo." Bayona, who reported to Torres, is accused of "losing" five sensitive files containing key evidence against Vargas and his criminal organization. Bayona claims he was fired because he was about to call for an investigation against Colonel Oscar Naranjo, director of the Colombian National Police's (CNP) Office of Judicial Police (DIJIN). Bayona has not presented any evidence, and the Embassy has no information that would support his claim that Naranjo is corrupt. Both Torres and Bayona have also publicly accused Osorio of removing them to stop their investigations of narcotraffickers. We lend little credence to these allegations; Osorio's decision to dismiss both men occurred after we urged that they be removed. 3. (S) On April 15, Osorio fired two more UNAIM prosecutors Omaira Gomez and Efren Anibal Garcia. Gomez, who authored a letter published in the press criticizing the polygraph process (ref A), is accused of inexplicably dismissing eleven cases against criminal organizations. Gomez was not included in the recent polygraphs because she recently passed one. Garcia, who failed the polygraph, is suspected of conspiring with Torres to help two individuals evade extradition, which one successfully achieved. On April 16, the Fiscalia announced the dismissal of Hayde Lopez, an investigator in the Fiscalia's National Anti-Corruption Unit (not to be confused with the newly proposed internal anti-corruption unit). These dismissals bring to at least seven the number of senior Fiscalia officials recently removed for corruption. In addition, Osorio has removed many mid-level officials, such as sixteen prosecutors and investigators in Cali, Valle del Cauca department, who were suspected of colluding with paramilitaries and narcotraffickers. 4. (S) On April 26, Emboffs spoke with Osorio to recommend that another five UNAIM prosecutors -- Jesus Albeiro Yepes, Carlos Ivan Mejia, Gladys Sofia Bautista, Dario Serrano, and Luz Marina Gutierrez -- and one assistant -- Luz Estela Encizo -- be dismissed. The Embassy had credible derogatory information on all six. Emboffs also asked that two prosecutors fired earlier by Torres -- Maria Cristina Munoz and Mery Estela Gorzon (strictly protect both) -- be reinstated. Osorio dismissed the six suspect UNAIM officials and rehired Munoz and Gorzon that same evening. -------------------------- Progress on the Anti-Corruption Unit -------------------------- 5. (S) Osorio is continuing polygraphs and pushing for investigations of suspect officials. Contrary to some public criticisms, Osorio has not relied solely on polygraph results in making decisions to remove prosecutors. For example, he has dismissed some officials who passed the exam -- such as Gomez -- based on other compelling evidence of misconduct. In addition, Osorio has ordered the creation of an investigative/prosecutorial commission to look into allegations of corruption. 6. (S) In an April 5 meeting with Osorio, the Ambassador emphasized that, in order for the USG to continue its assistance to the Fiscalia, it was imperative that members of the new internal anti-corruption unit be polygraphed, and that all officials from throughout the Fiscalia who do not pass the polygraph be removed from USG-assisted units and programs (ref B). Osorio agreed to both these conditions. (The Embassy has been polygraphing Fiscalia officials in these programs since 2000, and Osorio has been supportive of the process. However, he has not always been diligent in follow-up investigations.) On April 23 Osorio spoke again with the Ambassador to review the actions he has already instituted, and those he is considering taking. -------------------------- Further Steps -------------------------- 7. (S) The atmosphere in the press and the Fiscalia itself is tense. The dismissals and new lie detector requirements are producing a flood of protests, accusations, and self-serving statements, most aimed at Osorio. The Embassy will continue -- in private -- to insist that Osorio remove and prosecute corrupt officials, in addition to establishing an internal anti-corruption unit that is itself polygraphed. Osorio recognizes that more needs to be done. He approached the Ambassador about further polygraphs (the Embassy will assist). He seems ready to continue to relieve corrupt officials. End Comment. WOOD =======================CABLE ENDS============================ |