VICE PROSECUTOR GENERAL OTALORA REPORTS ON JUSTICE

C O N F I D E N T I A L BOGOTA 010061

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/24/2015
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: VICE PROSECUTOR GENERAL OTALORA REPORTS ON JUSTICE
AND PEACE UNIT, ACCUSATORY SYSTEM, AND EXTRADITION

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

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SUMMARY
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1. (C) WHA/AND Director Phil French met with Vice Prosecutor
General Otalora on October 20 to discuss the status of the
Justice and Peace (J&P) Unit, the new oral accusatory justice
system, and extradition. French recognized the significant
progress made in Colombia on various bilateral fronts,
including the justice system. Nevertheless, he stressed the
need for the GOC to focus on the successful implementation of
Justice and Peace (J&P) law to prevent the loss of domestic
and international support. Otalora emphasized the commitment
of the Prosecutor General's Office (Fiscalia) to the J&P unit
and recognized four main challenges the process faces: 1) the
responsible selection of J&P-eligible candidates; 2) a
rigorous verification process; 3) selection of qualified
judges; and 4) the hiring of sufficient personnel to staff
the unit. Otalora said the accusatory system is helping
build the credibility of the justice system and, despite the
occasional suspension of extradition requests -- such is the
case with AUC leader Diego Murillo, AKA "Don Berna" -- he
underscored his commitment to continue investigating and
accumulating information on "extraditables."

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FISCALIA IS COMMITTED TO THE JUSTICE AND PEACE UNIT(
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2. (C) In meetings with Vice Prosecutor General Otalora on
October 20, WHA/AND Director Phil French highlighted the
GOC's significant progress in the justice system since his
previous work in Colombia over 12 years ago. French
recognized, nevertheless, the need for the GOC to focus
heavily on the successful implementation of the J&P law to
prevent undermining Colombia's domestic and international
support. Otalora acknowledged that the Fiscalia faces the
immediate responsibility of guaranteeing the appropriate
functioning of the Justice and Peace unit. He explained that
the Fiscalia's strong commitment to the J&P law comes from
Prosecutor General Mario Iguaran himself, who, in his
previous position as Vice Minister of Interior and Justice,
was heavily involved in drafting the J&P law. Moreover, the
selection of the highly respected former Fiscalia's National
Director Luis Gonzalez as the head of the J&P unit should be
interpreted as another sign of the Fiscalia's commitment to
the successful implementation of the law.


3. (C) Otalora reported progress in the J&P unit with the
appointment of 14 of 20 prosecutors required under the J&P
law, and the completion of U.S. training for some members of
the unit in mid-October. Sixty assistant prosecutors are
also being selected to support the unit, though not all will
be full-time. Otalora responded to French's question on when
the Fiscalia expects the first J&P-eligible candidates to be
processed by warning that the unit has yet to receive from
the GOC the first list of qualified individuals. He
emphasized that his office would prefer to receive periodic
small lists than wait for a long list that could overwhelm
the system.

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(BUT SEVERAL CONCERNS REMAIN
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4. (C) Otalora explained what he thought were the four main
challenges facing the J&P process: 1) the selection of
J&P-eligible candidates; 2) guaranteeing a rigorous
verification process; 3) selection of qualified judges; and
4) the hiring of sufficient personnel to fully staff the unit.

-- 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. For
example, one of the candidates on the original list of 38
FARC prisoners who applied for J&P benefits was found to have
"the world's kidnapping record of 72 victims." He clarified

that someone like that -- who apparently has been taken off
the list of eligible beneficiaries -- should not be
considered in the first place. He claimed that the media has
played an irresponsible role by poorly explaining eligibility
requirements and prompting all types of convicted criminals
to petition for benefits. Otalora emphasized that there are
several important steps outlined in Articles 10 and 11 that
should be better explained to the public which make it
challenging for any individual to qualify for benefits under
the law. These would include providing information about or
assisting in the dismantling of the group to which they
belonged, turn over any proceeds of illegal activity and any
abducted persons.

-- There should be sufficient time for prosecutors and
investigators to verify the truth of the information provided
and facts reported during the voluntary deposition or
"version libre."

-- The administrative agency that manages all the courts has
yet to select the judges of the Superior District Courts who
would be responsible for J&P hearings. The prompt selection
of experienced judges is critical. The qualifications for
judges on these courts shall be the same as for those on the
already-existing Superior District Courts.

-- Finding the resources to staff the unit is critical.
Otalora explained that the J&P law did not create new
prosecutor positions, but rather required re-assignment of
existing personnel, making it difficult for the Fiscalia to
find qualified prosecutors from other offices.


5. () Otalora stated that the fiscales would have the
responsibility of explaining the consequences of omitting
critical information to those petitioning for inclusion. He
also clarified that during this process these individuals
must also identify all property that can later be used for
reparations -- this includes properties that are under the
name of a third party. He recognized that convincing
candidates to disclose information on property held by third
parties ) usually family members ) would be difficult and
that this process must be clearly stated under the J&P
implementing regulations decree currently being drafted.


6. () Otalora also emphasized that demobilized paramilitaries
should not be allowed to run for public office as former
paramilitary leader Jairo Andres Angarita is trying to do,
until their legal situation is clarified. He explained that
Angarita,s demobilization in January under the 782 law did
not relieve him from responsibility to respond to cases
against his groups before running for Congress in March as he
claims he will do. (Note: Angarita,s Sinu and San Jorge
paramilitary blocs are facing 93 pending criminal
complaints.)

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ACCUSATORY SYSTEM HELPS BUILD CREDIBILITY
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7. (C) French offered a positive appraisal of the progress
made to date under the accusatory system. Otalora was
grateful for his comments and recognized that the accusatory
system has helped build the credibility of the justice system
since cases that used to take years are now being completed
within months. For example, Otalora cited a case that began
under the new accusatory system and has reached the Supreme
Court of Appeals in less than a year's time; under the
previous system it would have taken several years.

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EXTRADITION EFFORTS MUST CONTINUE
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8. (C) Otalora raised the issue of extradition as a sensitive
but necessary bilateral issue. He emphasized that the GOC
must continue its "unique and respectable" extradition
relationship regardless of political decisions on extradition
-- such are the cases with AUC leaders Mancuso and Don Berna
-- and emphasized that he has ordered his staff to continue
investigating and accumulating information on "extraditables."

WOOD