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 -------------- ¶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 -------------- ¶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... -------------- ¶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