DRUG CZAR WALTERS DISCUSSES PEACE AND JUSTICE LAW

UNCLAS BOGOTA 011058

SIPDIS

SIPDIS

ONDCP FOR JOHN WALTERS, PATRICK WARD, AND RICHARD O'CONNOR

E.O. 12958: N/A
TAGS: DOJ OPDAT PGOV PHUM SNAR CO
SUBJECT: DRUG CZAR WALTERS DISCUSSES PEACE AND JUSTICE LAW
WITH COLOMBIAN PROSECUTOR GENERAL


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Summary
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1. (SBU) Summary. On November 9, 2005, ONDCP Director John

P. Walters met with Prosecutor General Mario Iguaran Arana
and several members of his staff. During the hour-long
meeting the two expressed their appreciation for the
cooperation that both countries have shown each other in
their mutual fight against drug trafficking, efforts to
dismantle foreign terrorist organizations, and campain to
carry out aerial and manual eradication. Director Walters
stressed the need for successful implementation of the
Justice and Peace Law. End summary.


2. (SBU) In attendance from the U.S. delegation were
Director Walters; Patrick Ward, ONDCP Assistant Deputy
Director; Richard O'Connor, ONDCP Colombian Analyst; Julie
Gianelloni Connor, NAS Director; Paul Vaky, DOJ/JSRP
Director; Alberto Rodriguez, NAS; Paul Dever, NSA; and note
taker Jerold McMillen, DOJ Justice Attache. In attendance
from the Colombian delegation were Prosecutor General
Iguaran; Jorge Otalora Gomez, Vice Prosecutor General; Janny
Jalal Espitia, National Director of the Fiscalia; Luis
Gonzalez, Director of the Fiscalia's new Justice and Peace
Unit; Maria Fernanda Cabal Molina, new Director of the
Fiscalia's International Relations Office; Ivan Ariza, new
Director of the Fiscalia's Narcotics and Maritime
Interdiction Section; Sara Magnolia Salazar Landinez, the new
Director of the Fiscalia,s Money Laundering and Asset
Forfeiture Section; and Jaime Lopez, the new Director of the
Fiscalia's Technical Investigation Unit (CTI).


3. (SBU) Prosecutor General Iguaran opened the meeting held
in his office by welcoming Director Walters and the rest of
the U.S. delegation and then introducing his Colombian
delegation. In his welcoming remarks, Iguaran emphasized
that he and his staff are well aware of the damage that drug
trafficking has caused in both countries and are all
committed to continuing to work with their U.S. partners to
fight the problem.


4. (SBU) Director Walters then thanked Iguaran for his warm
welcome and congratulated him for his recent appointment as
the new Prosecutor General of Colombia, commenting on
Iguaran's distinguished legal record and lengthy service to
the government. Director Walters then noted Colombia's
important progress and commitment to the "rule of law" and
its recent change to an accusatory criminal justice system.
Director Walters further stated that Colombia is a positive
example to the world and thanked the group and Colombian
government for their efforts in maintaining our close law
enforcement partnership and for their courage and efforts in
developing democratic institutional structures and fighting
crime despite the many difficulties and challenges that
Colombia faces.


5. (SBU) Iguaran stated that Director Walter's comments and
visit inspire him and his staff to maintain Colombia's law
enforcement and extradition relationship with this United
States. He stated that the Fiscalia had no intent to move
backward in its relationship with the various U.S. law
enforcement partners, such as the Department of State and the
Department of Justice. Iguaran also specifically mentioned
that he and his staff will continue to demonstrate their
commitment to working closely with the FBI, DEA, and other
law enforcement agencies on bi-lateral case initiatives and
operations, which he believes sends a powerful message to
criminals. Furthermore, he stated that Colombia,s new
criminal justice system will make it easier to conduct more
effective undercover investigations. He also expressed his
appreciation for the United States' support of their
successful aerial and manual eradication programs.


6. (SBU) Director Walters responded that the eradication
efforts in the region have resulted in a 30 percent decrease
in cocaine production. He noted that the United States also
has domestic eradication programs, such as in California and
Hawaii; as a result, the United States is aware that such
programs are sometimes controversial. However, the programs

are necessary, and every effort is made to minimize any
environmental damage that such programs might cause. He
further stated that the AUC and other illegal organizations
have over-produced cocaine and flooded the market. But our
combined eradication, interdiction, and prosecutorial efforts
have also directly resulted in the increased prices of
cocaine in the world markets. Director Walters stressed that
the United States is equally concerned with combining our
efforts in taking away the illicit wealth of drug
traffickers.

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Discussion of Justice and Peace Law
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7. (SBU) Director Walters underscored that for Colombia to
be successful in implementing its new Justice and Peace Law,
it is critical that the Fiscalia, in a transparent manner,
make the AUC members fully confess their crimes and forfeit
the illicit wealth. Director Walters went on to explain how
other countries and governments of the world, for instance
Mexico, surely envy the historic opportunity now facing
Colombia to rid itself of the criminal organizations that
control their countries and institutions. Director Walters
stated that the United States believes in Iguaran's
leadership, and we are committed to helping him and the
Fiscalia to seize this historic opportunity to change
Colombia for the better.


8. (SBU) Iguaran responded that as far as the Fiscalia is
concerned it is clear that the new Justice and Peace Law will
not effect extradition. He further stated the Fiscalia is
prepared to demonstrate that the Justice and Peace Law will
not be used to give sanctuary to those individuals who are
not really members of illegally armed organizations, but are
really nothing more than criminals organized to traffic
drugs. He specifically stated, "we will not let people take
advantage of the law," promising the Justice and Peace Law
will be limited only to eligible people and crimes.


9. (SBU) Iguaran then explained that the Fiscalia is
working diligently to develop a special unit in the Fiscalia
to investigate and prosecute cases under the Justice and
Peace Law. Toward that end, the Fiscalia is working with
other governmental entities to develop a comprehensive
computerized system to store and cross-reference information
developed during the course of their investigations. He
stated their investigations will not simply rely on the
confessions of demobilized members; instead, they will do
their best independently to investigate their crimes and
illegal assets. As to investigations into illicit assets,
Iguaran stated it will be difficult to fully identify and
recover the assets because most of the AUC's assets have been
converted into other types of assets or placed in the names
of third parties. He also stated that demobilized members
have expressed a willingness to be punished with a term of
imprisonment, but it is less clear they are as willing to
forfeit their assets. However, Iguaran commented, "we must
find a way to deal with this as well."


10. (SBU) Director Walters stated that in the United States
we have also experienced the lengths to which criminals will
go to protect their assets, and we have found that they will
often convert properties into other assets, place properties
in third party names, provide false information, and
intimidate others not to cooperate in investigations. He
also recognized that forfeiture investigations and
proceedings are often time consuming, complex, and difficult.
But he encouraged Iguaran to try his best to find a way to
make the proceedings under the Justice and Peace Law
transparent, efficient, and effective. In particular,
Director Walters noted the importance of developing the
Fiscalia's specialized Justice and Peace Unit to include, at
least partially, with capable and trained financial crimes
and asset forfeiture experts. Finally, Director Walters
stated that he was confident that with Iguaran's oversight
and leadership the unit would be successful and that the
United States government is prepared to help them by
providing technical assistance to the unit.



11. (SBU) The meeting then concluded with everyone thanking
each other for their attendance and for their continued
collaboration on the above areas of mutual concern and
interest.


12. (U) The text of this cable has been cleared by John P.
Walters, ONDCP.
DRUCKER