PRESIDENT SIGNS REVISED CRIMINAL PROCEDURE CODE

UNCLAS BOGOTA 009325 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV KJUS CO SUBJECT: PRESIDENT SIGNS REVISED CRIMINAL PROCEDURE CODE INTO LAW REF: BOGOTA 6350 ¶1. (U) On August 31, President Uribe signed into law a new criminal procedure code consistent with Colombia's transition to an accusatory criminal justice system. Approval of the code by the Colombian Congress was a somewhat novel example of cooperative relations between the GOC and both houses of Congress. The new code imposes dramatic changes in the roles of judges, prosecutors, police, and defense attorneys, as well as new methods for the presentation of evidence, i.e., in oral, public trials. It will be introduced gradually throughout the country over the next four years, beginning in 2005 in the cities of Bogota, Armenia, Manizales, and Pereira. ¶2. (SBU) The code is not perfect, and several provisions are problematic, including sections authorizing representatives of the Inspector General's Office ("Procuraduria") to participate in court proceedings (a holdover from the current criminal justice system and expression of political power by the Procuraduria), limiting prosecutorial discretion, and complicating prosecutors' ability to obtain cooperative witnesses in narcotics, terrorism, and human rights cases. On balance, however, the code is stronger than most codes in Latin American countries that have adopted accusatory systems. ¶3. (SBU) The conversion to an accusatory system will be complicated. Moreover, although the Prosecutor General's Office ("Fiscalia") and law enforcement agencies are generally well prepared for the transition, serious concerns remain about the preparedness of the judiciary and the support of the public defenders system. ¶4. (SBU) Current Prosecutor General Luis Camilo Osorio has been very supportive of the transition and instrumental in the development of the new code. His term of office, however, ends in July 2005. Osorio's replacement will have a major impact on the implementation process. Continued high levels of USG assistance to Colombia's judicial system, including training, technical assistance, and political and financial support remain critical to the success of the conversion. DRUCKER