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)

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Summary
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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.

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Seized Assets and Drogas a la Rebaja
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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.

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Drogas La Rebaja
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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.

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Justice and Peace Law
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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.

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Diego Montoya Tries Again
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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
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Asset Seizure Agreement
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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