MILITARY JUSTICE: REFORMS ON TRACK, BUDGET FALLS

C O N F I D E N T I A L BOGOTA 010963

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/22/2015
TAGS: PGOV MARR MOPS PHUM SNAR CO
SUBJECT: MILITARY JUSTICE: REFORMS ON TRACK, BUDGET FALLS
SHORT

Classified By: Charge d'Affaires Milton K. Drucker; reasons 1.4
(b) and (d)

Summary
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1. (C) On November 17, Brigadier General Luis Fernando
Puentes, Director of Colombia's Military Penal Justice
system, noted that reforms were moving forward but budget
constraints were becoming problematic. He hopes the
Colombian Senate approves the first wave of Congressional
reforms, introduced last spring, within the next couple of
weeks. He said the second wave of reforms will likely remain
in Congress until the end of 2006 at the earliest due to the
upcoming electoral season. While he was pleased with more
expeditious processing of military cases, he complained about
the MOD's decision to cut his already meager budget. Puentes
declared he would resign rather than accept a budget of less
than USD 400,000 for 2006. End summary.

Reforms on Track
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2. (U) On November 17, Poloff met with Director of Military
Penal Justice (MPJ) Brigadier General Puentes to discuss the
status of reform programs and budgeting for 2006. He
reported that the first wave of Congressional reforms
remained on track and would hopefully be approved by the
Colombian Senate before December 12. MPJ officials could
then process cases related to administrative or service
crimes through a separate judicial review, thus reducing the
17,000 case backlog. Puentes hopes to reduce the backlog by
7,000 cases by the end of 2006. If reforms are not approved
before the December recess, MPJ can still reduce the backlog,
but by significantly less than 7,000 cases.


3. (SBU) The second wave of Congressional reforms, which aim
to alter the institution by converting to an accusatorial
system, instituting a defense corps, creating a criminal
investigative lab for military cases, and establishing a set
budget, will likely remain in legislative debate until late

2006. Puentes said part of the two-month delay in submitting
the draft to Congress was Defense Minister Camilo Ospina's
decision to revise the reform draft, which pushed back the
formal introduction until September 20, 2005. Moreover,
Congress will be focused on the upcoming election season
rather than debating long-term institution overhaul,
according to Puentes.

Puentes Happy About High Profile Cases...
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4. (SBU) Puentes stressed that he was pleased with the
progress of high-profile cases in the MPJ system. He said
the Guaitarilla case absolved the Army participants of any
wrongdoing and concluded in March 2005. He reported that the
Iscuande case, which charged two seamen for cowardice during
combat, four for infiltrating the Colombian military to
benefit terrorists, and one for profiting on the ambush
attack, should conclude within the next few weeks, only nine
months after the attack. On the other hand, the Cajamarca
case, which involved civilian deaths in April 2004, was moved
to the civilian Prosecutor General's Office last November
because of allegations of human rights violations and is
still awaiting trial. The Arauca case from August 2004 is
also pending in the civilian system. Puentes asserted that
military cases are reviewed efficiently in the military
system, which he claimed was more functional, even before
reform, than the civilian system. He offered the example of
the Mapiripan case and said it demonstrated the Prosecutor
General's inability to resolve cases even years after the
crime.

... But Less Thrilled with Budget
--------------


5. (C) Puentes railed at his 900,000,000 peso (roughly USD
390,000) budget and claimed that the Ministry of Defense
prioritized all other matters over military justice. He has
been attempting to secure a 1,500,000,000 peso (USD 650,000)
budget but claimed that Defense Vice Ministers were unwilling

to discuss a higher sum. He told Poloff he planned to resign
if the budget was not increased by early next year because he
said it was unworkable and insulting to expect an
institutional overhaul of the MPJ system with a smaller
budget than the meager FY2005 allotment.


6. (U) After thanking the United States for continued
interest in the military justice reforms, Puentes requested
that the USG consider discussing the importance of a workable
budget and timely reform with GOC interlocutors.
DRUCKER