DEFINING JUSTICE AND PEACE LAW ELIGIBILITY

C O N F I D E N T I A L BOGOTA 010037

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/25/2015
TAGS: KJUS PTER PREL PGOV CO
SUBJECT: DEFINING JUSTICE AND PEACE LAW ELIGIBILITY

Classified By: Ambassador William B. Wood.
Reasons: 1.4 (b) and (d)


--------------
SUMMARY
--------------


1. (C) In early October, Minister of Interior and Justice
(MOI/J) Sabas Pretelt met with Minister of Defense (MOD)
Camilo Ospina, Peace Commissioner Luis Carlos Restrepo, and
other high-level GOC officials to discuss the Justice and
Peace (J&P) law eligibility of demobilized paramilitaries and
other insurgents. It was decided that the MOD would define
the list of J&P eligible individual deserters/demobilized and
the MOI/J the list of collective demobilized paramilitaries.
Pretelt said the selection of J&P-eligible candidates,
including those already serving sentences, would have to be a
political decision but should be rigorous and responsible.
Nevertheless, he clarified that persons who have caused an
"irreparable act to the community," such as the participants
in the El Nogal bombing, should never be allowed to benefit
from the J&P law. End Summary.

-------------- --------------
J&P ELIGIBILITY FOR INDIVIDUAL DESERTERS/DEMOBILIZED
-------------- --------------


2. (C) According to a mid-level GOC official present at the
meeting, Minister Pretelt wanted to clarify J&P eligibility
of demobilized paramilitaries and other insurgents. After a
lengthy discussion, it was agreed that the MOD would generate
the list of individual deserters/demobilized eligible to
participate under J&P law. They agreed that the list would
be the result of a rigorous verification process; candidates
should only be those who contribute new and valuable
information. All demobilized individuals must participate in
military interviews and submit themselves to the Committee on
Laying Down Arms (CODA),whose responsibility is to verify
the individuals' membership in an illegal armed group and
certify their participation in the reinsertion program.


3. (C) GOC officials present determined that it was not
appropriate for judicial police to participate during the
identification and selection process. The MOD, nevertheless,
will share the information with the Prosecutor's Office
(Fiscalia),the military, and police intelligence agencies.
Each of these agencies will then determine the value of the
information.

--------------
THOSE ALREADY SENTENCED MUST ALSO COMPLY
--------------


4. (C) Pretelt said prisoners (those already convicted and
sentenced to jail time for crimes before the J&P law) who
apply for J&P benefits face the same requirements as an
individual deserter/demobilized. Each person will be
interviewed, and all their information will be carefully
evaluated for relevance and utility. Peace Commissioner
Restrepo announced that his office will send the names of 32
FARC prisoners who applied for J&P benefits (from the
original list of 38) to the MOD to begin their initial
interview process. Pretelt reportedly clarified that persons
who have caused an "irreparable act to the community," such
as the perpetrators of the Nogal bombing, should never be
allowed to participate under the J&P law.


5. (C) Pretelt emphasized that the list generated for
individual deserters who have demobilized as well as
prisoners seeking J&P benefits should be "a responsible
political act" and that the GOC must collect as much
information as possible on those participating under the J&P
law. Only the collection of all pertinent information will
allow the government, with the assistance of the military, to
dismantle the criminal organizations, he said.

-------------- --------------
COLLECTIVE DEMOBILIZED, SLIGHTLY DIFFERENT TREATMENT
-------------- --------------


6. (C) The selection of J&P eligible, collective demobilized
paramilitaries will be the responsibility of the MOI/J. The
creation of this list, as with that of the individual
deserters/demobilized, would be a political decision but
should be rigorous and responsible. It is expected that the
interview process in these cases would be as thorough as that
involving the individual deserters/demobilized.


7. (C) GOC officials also reportedly expressed concern that
the Fiscalia has not attended the last four collective
demobilizations and has not taken any 782 debriefings or
"version libres." Several reasons were cited: 1) the
Fiscalia does not have any guarantee that it could receive
well-done and complete "version libres" since the demobilized
paramilitary is normally under the pressure of his
commanders, who tell him/her what to say or not to say during
the debriefing; 2) the paramilitaries are still armed and
demobilization zones do not offer necessary security to
conduct the debriefings; and 3) the Fiscalia's Corp of
Technical Investigators lack the necessary resources to
participate in the demobilizations and conduct individual
identifications in the demobilized zones.


8. (C) The Peace Commissioner suggested that the "version
libres" be conducted once the paramilitary has been
demobilized, turned over his/her arms, and his/her group is
dissolved. That way, the Fiscalia can set-up an appointment
with them to debrief in a zone which the Fiscalia can
control. Restrepo explained that the manner in which the
"version libres" are being conducted are inconvenient and
undermine the seriousness of the investigation. His office
and the Prosecutor General's will develop a strategy to
improve this process.


9. (C) In response to recommendations from other GOC
officials in the meeting, Restrepo acknowledged that his
office will evaluate the possibility of informing
paramilitaries during their demobilizations of their legal
benefits and obligations under the J&P law. The objective
would be to encourage them to participate in the J&P process
and warn them that they could later be interviewed more
extensively. The group was also informed that several
paramilitary leaders have expressed their interest in
benefiting under the J&P law and are waiting for the
implementing regulations before proceeding.

--------------
PREOCCUPATION FOR REPARATION FUNDS SOURCE
--------------


10. (C) Several GOC officials in the meeting raised concerns
regarding the paramilitaries' willingness to declare their
properties since most of these properties are in the names of
their family members and the paramilitaries are reluctant to
disclose their names. The meeting participants decided to
explore options that could permit the paramilitaries to
identify a sufficient number and value of property to make
meaningful reparation to victims.
WOOD