Colombia's First Oral Trial

UNCLAS BOGOTA 002563

SIPDIS

STATE FOR WHA/AND - DHENIFIN, SBELL
STATE FOR L/LEI - HCOLLUMS AND GHARRIS
JUSTICE FOR CRM/OIA - MDRODRIGUEZ, TBLACK, AND PJOSEPH

E.O. 12958: N/A
TAGS: KJUS KCRM SNAR PREL CO
SUBJECT: Colombia's First Oral Trial



1. On March 11, the first trial under the new Criminal Procedure
Code took place at "Paloquemao", the main local judicial district
and courthouse in Bogota. A standing-room only crowd of about 60
people watched this historic event, including television and
print media and the Deputy Prosecutor General (Vice Fiscal). The
case involved a carjacking, with three charges against the
accused: kidnapping, aggravated theft, and carrying a weapon
without a license. The trial started at 9:00 a.m., finished at
12:30 p.m., and the judge returned his verdict shortly after 1:00
p.m.: guilty on all counts.


2. For a first trial under the new Code, it went remarkably
well. While there were certain technical aspects in need of
improvement, the proceeding was impressive considering the
novelty of such trials. The judge did a very good job presiding,
assuming the role of impartial arbiter of fact and law. The
prosecutor laid out his case clearly and argued it well. The
accused was represented by a private attorney who clearly lacked
experience or training in the new Code. The participation of the
Office of the Inspector General (Procuraduria) was awkward from
an accusatory perspective, as it essentially introduced a third
party into an adversarial hearing, with a tremendous potential
for disruption and confusion. However, the participation was
minimal and the judge controlled it effectively.


3. As with the initiation of the implementation of the new Code
in January, this first trial also presented a positive image.
The process was orderly, the presentation of evidence took place
through testimony in open court through direct and cross-
examination, and a decision on culpability was rendered quickly.
The judge, prosecutor and (we believe) two of the testifying
police officers all received USG training, demonstrating the
positive impact of our assistance. Additional issues and
problems will no doubt arise as more trials take place,
particularly in the presentation of more complex crimes.
However, this trial was a good start.
WOOD