Identifier
Created
Classification
Origin
05BOGOTA10391
2005-11-04 15:06:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

REPARATIONS COMMISSION MEMBER CRITICIZES HOSTILITY

Tags:  PGOV PTER CO 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 010391 

SIPDIS

E.O. 12958: DECL: 11/03/2015
TAGS: PGOV PTER CO
SUBJECT: REPARATIONS COMMISSION MEMBER CRITICIZES HOSTILITY
OF PROCURADURIA; SAYS URIBE ON MARK WITH PARAS

Classified By: Ambassador William B. Wood.
Reason: 1.4 (b,d)

-------
Summary
-------

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 010391

SIPDIS

E.O. 12958: DECL: 11/03/2015
TAGS: PGOV PTER CO
SUBJECT: REPARATIONS COMMISSION MEMBER CRITICIZES HOSTILITY
OF PROCURADURIA; SAYS URIBE ON MARK WITH PARAS

Classified By: Ambassador William B. Wood.
Reason: 1.4 (b,d)

--------------
Summary
--------------


1. (C) National Commission on Reconciliation and Reparations
member Jaime Jaramillo said November 2 that the Commission's
work is going well despite the frequent and transparent
hostility of the Attorney General's office (procuraduria)
representatives during Commission meetings. Jaramillo said
paramilitaries also remain suspicious of the Commission,
considering it to be a "repressive apparatus of the State."
In Jaramillo's view, President Uribe was correct to insist on
the December 31 demobilization deadline because he cannot
afford to be dealing with demobilizations late into the 2006
electoral campaigns. Jaramillo said the Constitutional
Court's reelection decision should boost ELN peace talks,
although he expressed disappointment that the ELN's circle of
interlocutors in Medellin was so narrow. Jaramillo will
continue in his efforts to meet with Don Berna in Itagui;
Peace Commissioner Restrepo has refused his previous two
efforts to arrange a meeting. Jaramillo also delivered a
message for the Ambassador on extradition from Salvatore
Mancuso. End summary.

--------------
Commission Work Going Well...
--------------


2. (C) Jaramillo told D/Polcouns that the Commission's work
was going well. The GOC formed the Commission to implement
the reparations and reconciliation provisions of the Justice
and Peace law. Jaramillo expects to receive a copy of the
Justice and Peace law implementing regulations early next
week and is moving forward on three additional key tasks:
evaluating properties already handed over for reparations;
strengthening the Solidarity Fund; and finalizing the process
for selecting the Commission's two victims' representatives.

--------------
...Despite Procuraduria Hostility
--------------


3. (C) Jaramillo was highly critical of the procuraduria
lawyers' hostility towards the Justice and Peace law. He
said the lawyers frequently attack the law in Commission
meetings, asserting that it is a law of impunity and fails to
meet international standards. The procuraduria's outside
advisors chime in with similar criticisms (one has taken to

referring to Uribe as "Colombia's Fujimori" during meetings).
In Jaramillo's view, the lawyers are on a political campaign
to discredit the law, following the instructions of their
boss, Procurador General Edgardo Maya. Their lack of
constructive assistance has slowed the Commission down
somewhat, Jaramillo said, but will not prevent it from moving
forward.

--------------
Paras Suspicious
--------------


4. (C) Jaramillo said paramilitaries remain suspicious and
even fearful of the Commission's work, referring to it as a
"repressive apparatus of the State." The paramilitaries
assert that the Commission is designed to confiscate their
properties. Jaramillo noted that the Commission is making
efforts to persuade paramilitaries that the Fiscalia is
responsible for any law enforcement aspects of property
identification and redistribution, while the Commission
focuses on reparations for victims. In Jaramillo's view, the
Fiscalia will have a tough time identifying properties for
confiscation, especially in areas such as Uruba, Cordoba,
Bajo Magdalena, and in border areas (especially with
Venezuela),where few, if any, paper records exist.

-------------- --------------
Uribe's "Clearly Correct" Move on Para Demobilization
-------------- --------------


5. (C) Jaramillo characterized Uribe's insistence on
paramilitary demobilizations by December 31 as "clearly
correct," arguing that the president does not want to
campaign in 2006 with demobilization issues hanging over his
head. In Jaramillo's view, the paramilitaries who are still
to demobilize are low in morale and internally divided. They
are not nearly the force they once were, he said, and Uribe
can afford to push them hard.

--------------
ELN's Circle Too Narrow
--------------


6. (C) According to Jaramillo, the Constitutional Court's
reelection decision should boost the ELN peace process,
although ELN spokesperson Francisco Galan is not using his
"probational liberty" as well as he could because his circle
of interlocutors is too narrow. If Galan does not expand his
circle the peace process would remain slow and cumbersome
because Galan is not listening to many opposing views.
Jaramillo asserted that Colombia's business sector should
become more involved in the discussions. Unfortunately, he
said, they assume the ELN is basically defeated and no longer
poses a military threat. Such an analysis is misguided,
Jaramillo said, and dangerous: it misses an important
political opportunity to bring the ELN into the "democratic
camp" and further isolate the FARC.

--------------
Seeking a Meeting with Don Berna
--------------


7. (C) Jaramillo will continue to press Restrepo for an
opportunity to meet with Don Berna in Itagui, a request that
Restrepo has denied twice already. Jaramillo explained that
Don Berna exerts a powerful hold over paramilitaries and
"pseudo-paramilitaries" (i.e., narcotraffickers) and could
play an important role in releasing properties for
reparations.

--------------
Message for Ambassador from Mancuso
--------------


8. (C) Jaramillo passed on a personal message for the
Ambassador he said was from Mancuso: Mancuso is prepared to
serve any Justice and Peace sentence in the U.S. and wants to
talk about conditions and terms of confinement. He is aware
that he could face additional charges in the U.S. (see septel
for more detailed discussion of this and similar extradition
"offers" the embassy has received in recent weeks).
WOOD