GOC PRESENTS NEW DEMOBILIZATION LAW

id: 28457
date: 3/9/2005 22:12
refid: 05BOGOTA2306
origin: Embassy Bogota
classification: CONFIDENTIAL
destination: 05BOGOTA1660|05BOGOTA1706
header:
This record is a partial extract of the original cable. The full text of the original cable is not available.



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C O N F I D E N T I A L SECTION 01 OF 03 BOGOTA 002306

SIPDIS

E.O. 12958: DECL: 03/09/2015
TAGS: PTER PHUM KJUS PREL CO
SUBJECT: GOC PRESENTS NEW DEMOBILIZATION LAW

REF: A. BOGOTA 1706

B. BOGOTA 1660

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

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Summary
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1. (C) The GOC submitted to Congress on March 4, its revised
Law for Justice and Peace, based on input from Peace
Commissioner Restrepo, the Deputy Prosecutor General,
"Uribista" congressmen, and others. Formal debate began in
the Senate and House First Committees on March 8. The draft
Law for Justice and Peace applies to members of an illegal
armed group (IAG) who are guilty of major crimes. It imposes
a five to eight year term of incarceration, mandatory
reparations, and supervised parole for individuals who are
fully investigated by the Prosecutor General's Office and
meet specific requirements. These include demobilizing,
ceasing all acts of intimidation and illegal activities,
surrendering all illicit assets, and not having belonged to
an organization created for the purpose of drug trafficking.
The text states that failure to fulfill any of the conditions
would result in revocation of benefits. Demobilizing
individuals guilty only of membership in an IAG and lesser,
related crimes will be pardoned under current legislation
(Law 782). End Summary.

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GOC Revises Draft
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2. (C) The GOC revised its demobilization law based on input
from the Peace Commissioner, the Deputy Prosecutor General
(Vice Fiscal),"Uribista" Congressmen, and several others in
an attempt to maximize support and address criticisms. Peace
Commissioner Restrepo was particularly active in suggesting
changes.

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Law 782
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3. (C) Demobilizing individuals fall into two groups: those
implicated only in membership in an IAG and those implicated
in major crimes. Law 782 authorizes the government to pardon
demobilizing IAG members for their membership in the illegal
organization and various lesser, related crimes, such as
illegal possession of a firearm. Restrepo has repeatedly
said that Law 782 effectively facilitates demobilization, and
should remain in force.


4. (U) According to Law 782, the Prosecutor General's Office
("Fiscalia") does a background check and interviews each
demobilizing IAG member to determine if he is implicated in
non-pardonable crimes. The interview is called a "version
libre," or open statement. If the authorities confirm that
the individual is only guilty of membership in an IAG and
lesser, related crimes, he is placed on probation ("libertad
condicional") for two years. If he commits another crime
during this period, his pardon is revoked and he is arrested
for the new crime and his pardoned crimes. After a
successful two-year probation period, the individual is given
definitive liberty.

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Law for Justice and Peace
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5. (U) The Law for Justice and Peace will apply to
demobilized IAG members accused of major crimes. The basic
steps of the law are:

(1) The GOC submits the names of demobilizing individuals to
a special unit of the Fiscalia. IAG members who demobilize
collectively or individually as deserters are eligible.

(2) The Fiscalia opens an investigation and prosecution
process against each individual, with assistance from the
Judicial and Investigative Police. Each individual gives a
"version libre" to the Fiscalia. The Fiscalia reports its
findings to the Superior District Court ("Tribunal Superior
de Distrito Judicial") responsible for the case.

(3) A chamber from the District Court issues a full sentence
based on the normal criminal code and an alternative sentence
for each individual. The alternative sentence includes five
to eight years of confinement (including up to 18 months in a
concentration zone) and required reparations.

(4) After completing time in confinement, the individual is
on supervised parole for a length of time equal to twenty
percent of his term of incarceration, equivalent to between
one year and 19 months. During this time, he must report
periodically to the District Court, report any change of
address, not commit any crimes, and generally behave well.

(5) If the District Court chamber determines that an
individual has fulfilled all the conditions of the law,
including payment of reparations, he is given definitive
liberty. According to the law's text, if he fails to meet
any of the law's terms, his benefits are revoked and he will
serve his original sentence according to the normal criminal
code.


6. (C) The GOC included several important conditions in the
law to ensure full compliance, prevent impunity, and
facilitate implementation:

-- Eligibility Requirements: the individuals must have (1)
demobilized or belonged to an IAG that agreed to demobilize
and is fully dismantled; (2) surrendered all illicit assets;
(3) turned over all minors; (4) ceased all illicit activities
and interference in the free exercise of political rights and
other public liberties; and (5) not have belonged to an IAG
that was created for the purposes of drug trafficking or
illicit enrichment.

-- Imprisonment: The sentence cannot be reduced by work or
study. Regardless, all beneficiaries are required to work,
study, and support demobilization and other peace initiatives
while in confinement. The government will determine where
the period of confinement is spent. All confinement centers
must meet National Prison and Penitentiary Institute (INPEC)
standards. Time spent in a concentration zone can count
against the sentence for up to 18 months.

-- Failure to Confess: If, at any time, the Fiscalia
determines that an individual is guilty of a crime which he
did not include in his "version libre" or accept when accused
by the Fiscalia, he will be tried and sentenced for the crime
consistent with the normal criminal code. However, if the
individual subsequently admits to the crime, he is still
eligible for an alternative sentence.

-- Extradition: The GOC retained a clause allowing the
alternative sentence to be served overseas. This is an added
safeguard for our ability to extradite individuals eligible
to benefit from the law. The GOC has repeatedly assured us
that the law will not impede extradition.

-- Intimidation: The GOC added a stand-alone clause that if
the individual attempts to corrupt or intimidate any
government authority, he loses all benefits.

-- Reparations: The District Court determines material and
symbolic reparations. The Inspector General's Office
(Procuraduria) will create a special unit to verify that
victims' rights are fully respected. This unit can receive
input from NGOs. The GOC will also create a reparations
fund, managed by the Social Solidarity Network (RSS).
Regional commissions will be created to oversee local land
and property reparations.

-- Oversight: The GOC will create a National Reparations and
Reconciliation Commission to oversee the alternative
sentencing and reparations process. The Commission can
recommend revocation of benefits to the District Court if the
individual fails to fulfill any of the law's conditions. The
Commission will create a public report on the development and
activities of IAGs.
-- Public Access: The District Court is responsible for
recording all proceedings against each individual and
guaranteeing public access. The Inspector General's Office
will oversee the granting of public access.

-- Law 782: The law specifically states that anyone eligible
for pardon under Law 782 will not be dealt with by the Law
for Justice and Peace.

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Next Steps
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7. (C) The debate began in the Senate and House First
Committees on March 8. The GOC is optimistic that a law will
be passed as early as April or, at the latest, by June. The
debate will be difficult given that nine other drafts have
been presented, including Senator Rafael Pardo's
well-publicized Law for Truth, Justice, and Reparations. The
law deals with complex issues that could impact future peace
processes with other IAGs for decades. See septel on
Congressional views of and support for the law.
WOOD

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