MILITARY JUSTICE EXONERATES SOLDIERS INVOLVED IN

C O N F I D E N T I A L BOGOTA 003925

SIPDIS

E.O. 12958: DECL: 04/19/2025
TAGS: PHUM MARR CO
SUBJECT: MILITARY JUSTICE EXONERATES SOLDIERS INVOLVED IN
GUAITARILLA CASE

REF: A. 04 BOGOTA 8899


B. BOGOTA 3235

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


1. (U) On April 16, the Supreme Military Tribunal, an
appellate court for all service-related crimes, exonerated
members of the Army involved in an operation the night of
March 19, 2004, near the village of Guaitarilla, Narino
Department. The operation resulted in a friendly-fire
incident that left seven police and four civilian guides
dead. The Tribunal ruled that the soldiers' actions were not
characterized by any irregularities and that the incident was
an authorized military operation. The Prosecutor General's
Office ("Fiscalia") and the Inspector General's Office
("Procuraduria") are still investigating allegations that the
soldiers tampered with evidence in the case. Both offices
are also conducting investigations into allegations that the
police and civilians who were killed were in the area to pick
up a shipment of cocaine.


2. (C) Military Justice System Director Luis Fernando Puentes
self-servingly claimed to Poloff that the Guaitarilla case
was an excellent example of expeditious military justice,
since the investigation and initial criminal trial took only
four months. However, he said the case would have advanced
even faster if the military had its own investigative lab,
since much of the case processing time was spent waiting for
the civilian investigative lab to complete work on other
cases before dealing with the Guaitarilla evidence. He also
argued that the military should be able to collect evidence
at the crime scene to prevent tampering. Puentes said he
timed the public announcement of the Guaitarilla decision so
that it coincided with the presentation of military justice
reforms to the Congress (ref B).

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Comment
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3. (C) The incident is shrouded in a fog of accusations and
mystery. It occurred on a heavily forested road and had the
appearance of an ambush. There seems little question that
one or another of the military and/or police had connections
with the drug trade, but those connections were also lost in
the mist. In addition, apparently both the military and
police were violating their respective rules and procedures.
The civilian investigations may make headway into the truth
of this dark episode, but even that is uncertain. Very few
in Colombia will accept the military justice verdict as the
last word.
WOOD