FISCALIA CONTINUES ITS INVESTIGATION INTO URABA

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 003843

SIPDIS

E.O. 12958: DECL: 04/18/2025
TAGS: PHUM PTER CO
SUBJECT: FISCALIA CONTINUES ITS INVESTIGATION INTO URABA
MASSACRE

REF: A. BOGOTA 3361

B. BOGOTA 3224

C. BOGOTA 2674

D. BOGOTA 2619

E. BOGOTA 2348

F. BOGOTA 2156

G. BOGOTA 1999

H. BOGOTA 1918

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

--------------
Summary
--------------


1. (C) On April 18, Poloffs met with Fiscalia Human Rights
Unit prosecutor Nelson Casas, who is leading the
investigation into the February 21 massacre in Uraba of eight
individuals, including three members of the peace community
of San Jose de Apartado. Casas told Poloffs that
investigators have been able to confirm that the house where
five of the individuals were killed came under mortar attack,
and that Luis Eduardo Guerra, the slain peace community
leader, had been disillusioned and was planning to leave the
community. Casas noted that the lack of cooperation from
alleged peace community witnesses continues to hinder the
investigation. End Summary.

--------------
Perpetrators Remain Unidentified
--------------


2. (C) On April 18, Poloffs met with Nelson Casas, the
prosecutor from the Human Rights Unit of the Prosecutor
General's Office ("Fiscalia") in Bogota who is leading the
investigation into the February 21 massacre of eight
individuals -- including three members of the peace community
of San Jose de Apartado -- in Uraba, Antioquia Department.
Casas had just returned from two weeks in Apartado, his
second visit to the region since the massacre. He had
previously been there March 1-4 and was part of the
investigative commission that was attacked, allegedly by the
Revolutionary Armed Forces of Colombia (FARC) (ref F).


3. (C) Casas confirmed to Poloffs that members of the peace
community, under the direction of their leaders and the
community's accompanying NGO, the "Corporacion Juridica
Libertad" (CJL),continue to refuse to cooperate with
government investigators. An example of this lack of
cooperation occurred the week of April 4, when his team tried
unsuccessfully to speak to peace community leaders, including
Sister Clara Lagos. Casas noted that without the testimony
of the alleged witnesses to the crime it will be difficult to
determine the perpetrators, because the FARC, paramilitaries,
and Colombian military all operate in the area. Still, Casas
and the four investigators working with him on the case, two
from the Fiscalia's Corps of Technical Investigators (CTI)
and two from the Judicial and Investigative Police (DIJIN),
continue their investigation. Casas told Poloffs he has
reiterated the need for the investigators to be completely
neutral in their investigation and rely only on the facts,
wherever they may lead.

--------------
Luis Eduardo Guerra Had Talked to Fiscalia
--------------


4. (C) Casas told Poloffs he had spoken to Luis Eduardo
Guerra, the peace community leader murdered in the massacre,
a few months prior to his death. Guerra, who participated in
founding the peace community in 1997, told him things "were
not well" in the peace community and that he had decided to
leave it. Casas also said Guerra had filed a complaint
("denuncia") against various members of the community,
including Gildardo Tuberquia, a member of the Internal
Council, the community's governing body. The complaint was
lodged following an August 2004 incident in which Guerra's
wife was killed and son injured when a grenade, allegedly
brought by Tuberquia in advance of Vice-President Francisco
Santos's August 13 visit, exploded in their home.

5.(C) Poloffs noted that Father Javier Giraldo, founder of
the Jesuit-affiliated "Commission de Justicia y Paz," claimed
on his website that he had personally spoken with ten
witnesses who could prove the military committed this crime.
Casas was unaware of the website, but added he hoped the
witnesses would come forward. Poloffs added that the peace
community had brought "Myriam," Luis Eduardo Guerra's mother
to Bogota to meet with various Embassies (ref D). Casas had
not heard the allegations that "Myriam" had been held captive
in her home by members of the 17th Brigade, and told Poloffs
he had thought Guerra's mother was deceased. Casas said he
is considering recourse to something similar to a material
witness warrant, which would oblige witnesses to come forward
or face charges of contempt.

-------------- ---
Investigators Discover Mortar Launched at House
-------------- ---


6. (C) Casas said investigators discovered remnants of a
mortar shell in and around the home where five of the victims
died. Preliminary analysis of damage to the area suggests
that the projectile detonated on a tree next to the home,
sending shell fragments in all directions. A large piece of
the shell was found lodged in the skull of Sandra Milena
Munoz, and was almost certainly the cause of her death.
Based on shell fragments, the Fiscalia has identified the
weapon fired at the house as a 60mm shell, a caliber used by
all of Colombia's armed actors. The shell, however, appears
not to have been manufactured by INDUMIL, the Colombian
military's only supplier of 60mm shells. Remnants of a
second type of mortar shell, which the Fiscalia has not been
able to identify, were also found in the house. In addition,
evidence shows that gunshots were fired, as bullet holes and
shells were discovered in the house and around the property.
Casas described the home as completely isolated and
surrounded by jungle (much of this area is covered with dense
tropical vegetation at ground level),and said it would have
been hidden to anyone not already aware of its location.
Department of Justice representatives at post have offered
their assistance in the investigation, and are in contact
with Casas about how they can help.
--------------
Comment
--------------


7. (C) Peace community leaders and NGO representatives,
quoting alleged witnesses, never mentioned a mortar attack,
or even gunfire. In fact, per ref D, peace community leader
Reynaldo David told Ambassador that the peace community had
witnesses who heard masked informants, in the company of Army
troops, say the Army should only kill with machetes to avoid
alerting residents in the area.
WOOD