MILITARY JUSTICE REFORM MOVES FORWARD

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 003235

SIPDIS

NOFORN

E.O. 12958: DECL: 04/05/2015
TAGS: KJUS MOPS PHUM CO
SUBJECT: MILITARY JUSTICE REFORM MOVES FORWARD

REF: BOGOTA 001705

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


1. (U) This is an action request. See para 8.


2. (C) Summary: Director of Military Penal Justice (MPJ)
Brigadier General Luis Fernando Puentes told Emboff on March
16 that the "shock" reform package (reftel) would be
submitted to Congress this week. In preparation for the
rollout, Puentes and his public relations officers met with
domestic and international audiences to garner support. He
claimed that this first reform package, which would establish
an administrative process for service-related crimes, could
be a critical stopgap to stabilize the overburdened system.
The second reform package, slated for a July Congressional
review, would improve the long-term functioning of the
institution, according to Puentes. He has said privately and
publicly that, "Without reform, we are dead." He has
requested Embassy assistance to convince both Congress and
the Minister of Defense of the urgency of reform. End
summary.


3. (C) In preparation for the MPJ reform package submission
to Congress, General Puentes made several public
presentations in an attempt to win support from domestic and
international audiences. His first presentation was to
defense attaches accredited in Colombia on March 14. Puentes
told attendees about an interactive compact disk he developed
that offers basic information about military justice
procedures. He also solicited information about
international and public opinion of Colombian military
justice. After the briefing, the Mexican Military and Air
Attache BG Rogelio Patino advised Puentes that Mexico had a
successful, well-respected system which incorporates Puentes'
proposed changes. He added that the Colombian military
justice system needed an investigative body and defense (JAG)
corps. Puentes later told Poloff that he hopes the reforms
create a system that works as well as Mexico's and
acknowledged that Mexico is a model of what he hopes MPJ will
become.


4. (U) On March 18, Puentes held a second briefing for
Colombian journalists who regularly cover military issues.
Most major print and other media attended. Over breakfast,
Puentes stressed the importance of creating a means of public
defense for military officials charged under the MPJ system.
He cited several cases where soldiers and their families went
into financial ruin because of prohibitions against military
defense lawyers. (Note: In 1996, the Constitutional Court
found that military lawyers could not defend military
officials, so the accused must seek independent civilian
council.) Puentes then raised the issue of eliminating the
case backlog by creating a more streamlined administrative
process. The press responded with only a couple of questions
about specific problems raised during the presentation.


5. (C) In a separate meeting with Poloffs on March 16,
Puentes expounded on the need for immediate reforms to the
system. As an attempt to become more transparent to the
public, his office was setting up a website to highlight
military justice issues. The site
(www/justiciamilitar.gov.co) is not active yet. Puentes
discussed his plans to submit the first package of reform
proposals to Congress the week of March 28. Puentes said he
believed the reforms, which the Minister of Defense (MOD)
blessed in early March, would be able to pass Congressional
debate and smooth the path for future reforms. He described
the reform as a way of dealing with service-related crimes
such as desertion, insubordination, and abuse of authority.
Puentes claimed that the "shock" reform was necessary to halt
an exponential case backlog and save the system.


6. (C) Assuming the "shock" passes congress, Puentes plans to
submit a second, more extensive reform proposal on July 20,
to create a military investigative body, military defense
corps and a yearly budget for the system, as well as convert
the system to an accusatorial one. Military justice does not
have a budget for 2005 and has to rely on the branches of the
military to provide funding for all basics.


7. (C) A Southcom representative is slated to visit in mid
April to discuss bilateral assistance for military justice.
Although Puentes was positive in his public presentations, in
private he seemed disheartened by the lack of support and
money for reform. He asked for U.S. help in developing a
political strategy and U.S. support in winning over the MOD.
Puentes also asked for U.S. Embassy support in lobbying the
Colombian Congress.


8. (C) Action Request: Military justice reform has become an
important part of the fight for human rights and against
corruption in the military. Post requests senior USG
officials make this a regular part of their discussions with
Colombian policy officials in both civilian and military
roles. In addition, the importance the USG attaches to this
should be raised with Colombian Ambassador to the U.S. Luis
Alberto Moreno soon.
WOOD