MININSTER PRETELT DISCUSSES ASSET FORFEITURE,

C O N F I D E N T I A L SECTION 01 OF 04 BOGOTA 003926 SIPDIS E.O. 12958: DECL: 04/21/2015 TAGS: PTER KJUS PREL PINR PGOV CO SUBJECT: MININSTER PRETELT DISCUSSES ASSET FORFEITURE, DEMOBILIZATION, AND DIEGO MONTOYA Classified By: Ambassador William B. Wood for reasons 1.4 (b) and (d) -------------- Summary -------------- ¶1. (C) On April 20, Minister of Interior and Justice Sabas Pretelt requested a meeting with the Ambassador to discuss: (1) GOC frustration with U.S. delays in responding to a request for a percentage of assets seized from Colombian drug traffickers by the U.S; (2) paramilitary commanders' complaints about the Law for Justice and Peace and GOC plans to add an article making membership in a paramilitary group a political crime; (3) a letter from drug trafficker Diego Montoya wanting to negotiate his surrender to the U.S. Pretelt said he would respond that the USG does not negotiate with drug traffickers. At the request of the Ambassador, Pretelt agreed to investigate and resolve why the drug store chain formerly owned by the Rodriguez Orejuela family was still under its original narco-tainted management. End Summary. -------------- Seized Assets and Drogas a la Rebaja -------------- ¶2. (C) Pretelt expressed frustration with delays in a U.S. response to his request that Colombia receive a percentage of assets seized from Colombian drug traffickers by the U.S. He showed the Ambassador a 1990 agreement that said the USG could ("podr") give the GOC seized assets, a percentage of the assets, or money from their sale when the GOC provided assistance (see paragraph 10 for informal translation of the 1990 agreement). According to the agreement, the transfer of goods is based on internal U.S. law and the amount of help the GOC provided and how much risk it faced in doing so. Pretelt would like to receive up to 50 percent. The Ambassador pointed out that, although he agreed Colombia should receive a fair percentage in a timely manner, the amount would be decided on a case-by-case basis. ¶3. (C) The Ambassador suggested that the Colombian Embassy in Washington reach out to the U.S. Department of Justice, ideally with clear examples of cases in which the GOC believes it deserves compensation. He said the issue would likely be on the agenda for the U.S. Attorney General's tentative visit to Colombia this summer. The Ambassador also urged the GOC to take advantage of assets seized in Colombia. Pretelt noted that there are five judges working on asset forfeiture cases and, since he took office last year, they have processed 200 cases, compared to 30 in 2003 and six during the Pastrana administration. -------------- Drogas La Rebaja -------------- ¶4. (C) The Ambassador raised U.S. concern regarding recently acquired information that suggested the seized drug store chain, Drogas La Rebaja, was still under the same management as it was when the Rodriguez Orejuela family owned it and used it to launder money. The USG issued a decree authorizing U.S. firms to do business with La Rebaja based on GOC assurances that it would be given new management and under full government control. However, the original management has still not been fired, the lead manager has blocked government authorities from accessing the company's computers, and the sons of Miguel and Gilberto Rodriguez-Orejuela have created eight new front companies to sell items to La Rebaja. Pretelt responded immediately, making several phone calls to various offices, including to the Prosecutor General's Office, and setting up meetings for the following day to address the issue. Pretelt's calls resulted in commitments from several senior GOC officials to act on this issue immediately. -------------- Justice and Peace Law -------------- ¶5. (C) Pretelt reported that he spent six hours on April 16 discussing the draft Justice and Peace Law with the commanders of the United Self Defense Forces of Colombia (AUC). He said the commanders are willing to spend time in jail, but want to be able to enter politics after serving time. The Colombian constitution, however, bars any convicted criminal from holding a variety of elected offices, including Congressman or Governor. Pretelt is working with his advisers to find a solution. ¶6. (C) The AUC also want the same treatment under the law as guerrilla groups. The GOC will continue to try to add an article to the draft that membership in a paramilitary group is an act of sedition, which is a political crime. Without such a clause, paramilitarism is a common crime, which cannot be pardoned, while membership in a guerrilla group is a pardonable political crime. Pretelt emphasized that this would not enable the AUC to claim their major crimes, including drug trafficking, were connected to the crime of sedition and therefore not extraditable. The Ambassador said the U.S. was less concerned about paramilitarism being a political crime as long as there was no juridical connection to serious crimes in the law and no possible loophole to avoid extradition. ¶7. (C) The Ambassador reiterated the importance of a law that would guarantee reparations to victims, require adequate jail time for beneficiaries, and not impede extradition. He emphasized that proper implementation of the law would be key to the international community's approval. His primary concern with the text that passed in Committee was a clause that allowed criminals to receive alternative sentences for crimes they did not initially admit. Pretelt said he expected the debate in the plenary to begin the week of April ¶25. -------------- Diego Montoya Tries Again -------------- ¶8. (C) After sending two letters to Peace Commissioner Luis Carlos Restrepo, drug trafficker Diego Montoya sent a letter to Pretelt, via a Cali-based restaurant owner, offering to turn himself in to U.S. authorities in exchange for concessions, including the transfer of his extradited family members to La Picota Prison in Colombia. The Ambassador responded that the U.S. does not negotiate with criminals until after they are in custody. Pretelt said he would answer the mail by stating that: (1) the USG will not negotiate with Montoya, and (2) only after he voluntarily turns himself in could he be eligible to discuss sentence reductions, family visitations, and other benefits. Pretelt emphasized his commitment to helping the USG arrest Montoya. ¶9. (C) Unofficial translation of Montoya letter: Begin Text: Colombia, April 7, 2005 Mr. Minister of Interior and Justice - Doctor Sabas Pretelt de la Vega, I, Diego Leon Montoya Sanchez, national identification number 16,348,515 from Tulua, use my right as a citizen to notify you, Mr. Minister, of my firm intention and decision to negotiate, along with my family members who have been affected by this process, with Colombian and American justice for a just and dignified surrender. Mr. Minister, my brother Juan Carlos Montoya and my cousin Carlos Felipe Toro, along with any other member of my organization, reiterate that we are disposed to contribute to national peace. Mr. Minister, in the event that our proposal for surrender is accepted, Juan Carlos and Felipe are authorized to be spokesmen for my organization to negotiate the agreement. Mr. Minister, if my proposal is accepted I beg you to make possible the transfer of my family members to La Picota prison, which would be the most appropriate location to carry out this process. As a signal of my absolute and immediate willingness, my signature is below. Signed: Diego Leon Montoya S. # 16,348515, Tulua End Text -------------- Asset Seizure Agreement -------------- ¶10. (U) The following is an unofficial translation of the 1990 agreement on the distribution of seized assets. Begin Text: Memorandum of Understanding between the Government of Colombia and the Government of the United States of America Given the commitment of both governments to act together in a spirit of cooperation as laid out in instruments, such as the Cartagena Declaration and the Political Declaration and Global Action Plan for the Fight Against Drug Trafficking approved on the seventeenth period of the extraordinary session of the United Nations; Recognizing the continuous action of the Government of Colombia in the fight against drug trafficking; and Wanting the best effectiveness in the application of the law in both countries with respect to drug trafficking, and investigation, adjudication, and seizure of goods and services derived from drug trafficking; Agree to the following: The Government of Colombia, continuing its policy of cooperation with the United States of America, can provide assistance to the U.S. Government for investigations and procedures that involve, or are related to, the seizure of goods and services derived from drug trafficking or any other criminal activity tied to it. The assistance can include providing information and evidence to be used in processes related to the identification, tracking, freezing, or seizure of goods or services. Whenever possible, the information provided will be in a form admissible in U.S. legal proceedings. When the assistance provided by the Government of Colombia leads directly or indirectly to a seizure in favor of the United States of goods or services derived from drug trafficking or any other crime with proven ties to drug trafficking, the Government of the United States can transfer to the Government of Colombia the said seized goods, the revenue obtained from the sale of the goods, or a percentage of the goods in accordance with the law of the United States. The transfer of the seized goods will be governed by relevant internal legislation of the United States. The authorities of the United States will aim to give appropriate recognition for assistance provided by Colombian authorities in light of the difficulties and risks that they incurred. Upon making this determination, the relevant authorities of the United States will take into consideration all pertinent information that the Government of Colombia chooses to present to the Embassy of the United States in Bogota in relation to the nature and achievement of its assistance. The Embassy will send this information to the appropriate authorities of their country for consideration. The transfer of seized goods cannot be made until the respective seizure process in the United States is finished. The United States, upon carrying out the transfer to the Government of Colombia, will renounce all titles, rights, and interests with respect to the goods and will not assume any responsibility for them after the transfer. It is also understood that any of these goods that the Government of Colombia accepts will be turned over in a way that the Government of Colombia can assume all responsibility in terms of their use and maintenance. The Government of Colombia will indicate to the Government of the United States the procedures to be followed in order to obey all applicable Colombian laws. This Memorandum of Understanding has the fundamental objective of demonstrating the desire to continue with the provision of mutual assistance between the two parties and constitutes an increase in cooperation between the two countries. The parties understand that the Memorandum does not affect other areas of cooperation that currently exist between the two countries. The clauses in this agreement will not jeopardize the rights of any person and do not aim to benefit any third parties. This Memorandum will become active on the date of the signatures of both parties. The mutual collaboration discussed in this Memorandum of Understanding will be terminated upon written notification by either of the parties. The termination will come into effect six months after the date of the notification. Signed, July 24, 1990 Government of Colombia (signature unclear) Government of the United States Ambassador Thomas McNamara End Text WOOD