U.S. SOLDIERS DETAINED IN MELGAR

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 004534

SIPDIS

E.O. 12958: DECL: 05/13/2015
TAGS: ASEC PTER MOPS PREL CO
SUBJECT: U.S. SOLDIERS DETAINED IN MELGAR

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

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Summary
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1. (SBU) This is a summary account of events related to the
discovery of U.S. manufacture munitions in a private
apartment in Carmen de Apicala, Tolima Department. Although
Post has attempted to make this cable accurate, there are
still many facts surrounding this incident not yet known.
Therefore, addressees should regard this as a preliminary
summary of the facts as we understand them on this date. On
Tuesday May 3, 2005, U.S. soldiers Sergeant Jesus Hernandez
and Warrant Officer Allan Tanquary were detained by Colombian
National Police (CNP) in Melgar, Tolima Department for their
alleged involvement in an ammunition sale, possibly to
illegal armed groups. The soldiers are members of the U.S.
Army's 7th Special Forces Group and were serving as staff
members of a Special Forces company conducting training at
the Colombian Army's National Training Center in Tolemaida, a
few kilometers away. The soldiers were released into U.S.
custody on May 5, and they departed Bogota on May 6. End
Summary.

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The Detention
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2. (SBU) On May 3, the CNP apprehended a Colombian on the
Melgar-Carmen de Apicala road; the man received a cell phone
call during the arrest that prompted the CNP to investigate a
condominium at El Paraiso, a housing complex down the road.
The CNP arrived at the indicated house, where they found the
two U.S. soldiers. Warrant Officer Tanquary used his key to
give the police entry to the house. Another Colombian was in
the house, along with 32,900 rounds of various caliber
ammunition. The detainees were taken to the CNP station in
Melgar, where they spent the night. It is our understanding
that the ammunition has been positively traced to the 7th
Special Forces Group at Melgar.

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U.S. Response
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3. (SBU) MILGRP dispatched two staff assigned to Bogota to
liaise with the CNP and assume custody of the soldiers. The
7th Special Forces Group also sent personnel to assist in the
effort and attend to the soldiers. However, the Fiscalia
asserted jurisdiction from the CNP and prevented the
soldiers' release. On the afternoon of Wednesday May 4,
2005, the DCM with JUDATT and MILGRP EXO met with Ministry of
Foreign Affairs Vice Minister Giron. Giron agreed that under
the existing bilateral agreements and the Vienna Convention
the soldiers were entitled to immunity from Colombian
criminal jurisdiction. But he asked to work informally with
the Embassy to resolve the matter.


4. (SBU) The DCM, MILGRP EXO, and JUDATT met with the acting
Fiscal-General, Luis Santana to seek the release of the U.S.
soldiers. The DCM explained that the soldiers were entitled
to immunity from criminal prosecution. Santana agreed, but
sought commitments from the Embassy to ensure prosecution of
the soldiers. Santana sought to have the Embassy sign an
official document with the Colombian government prior to the
release of the soldiers. The DCM explained that (1) the
Fiscalia had an absolute obligation to comply with its
agreements and release the soldiers; and (2) the DCM had
no/no authority to negotiate or sign any document, although
he explained that he was willing to confer with Washington
the next day after the release of the U.S. soldiers to see
what assurances on investigation/prosecution could be made,
if any.


5. (SBU) Discussions continued at length with the Vice Fiscal
agreeing that Colombia had a legal obligation to release the
soldiers, but refusing to give an order to do so. By now the
soldiers had been transported to Ibague, Tolima Department,
but strong remonstration by the DCM and JUDATT convinced the
Vice Fiscal to block their interrogation. After further
discussion, an exchange of faxes between the Fiscalia and the
Foreign Ministry certifying the eligibility of the soldiers
for immunity and a strong telephone protest of Ambassador
Wood, the Vice Fiscal finally agreed to release the soldiers
at about 19:00 hours local time. At this point, however,
Embassy decided the Ibague-Melgar road was too dangerous to
travel and the actual release would have to wait until the
next morning, May 5, 2005.
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The Transfer
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6. (SBU) At 08:00 hours on Thursday May 5, the U.S. soldiers
were released into U.S. custody at Ibague. They traveled to
Melgar and then to Bogota. They arrived at the Embassy in
Bogota at about 16:00 hours, at which point they were
interviewed by the Naval Criminal Investigation Service
(NCIS) and FBI special agents; the soldiers opted to remain
silent during the interviews. The Embassy also provided an
opportunity for a representative from the Ibague attorney
general's office to conduct an interview, and again both
soldiers declined to talk. They spent the night on Embassy
grounds and left Bogota for the US via American Airlines
flight number 916 at 13:35 hours on 6 May 2005.

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Further Developments
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7. (C) On May 6, a Sergeant Major of 7th Special Forces Group
informed Embassy officials of a second house in Melgar that
had been frequented by Sergeant Hernandez. Seventh Special
Forces Group Sergeant Major Brian William Bernard provided
the CNP with a key to the house and together they entered the
house. The CNP and U.S. officials searched the house that
evening and discovered an additional 10,000 rounds of
ammunition, along with approximately $5700 USD and 2 million
Colombian pesos of operational fund money that allegedly
belonged to the 7th Special Forces Group. Members of the
Special Forces Group in Tolemaida have been interviewed for
further information regarding the incident by FBI/Bogota and
the NCIS.


8. (SBU) AT this point many questions remain. For example,
the Embassy does not/not yet know what the ultimate
destination of either lot of the ammunition was to have been.
The relationship of Warrant Officer Tanquary and Sergeant
Hernandez to the others involved in this case is unknown to
the Embassy at this time.


9. (SBU) Many of the facts above should be regarded as
preliminary information, but it is the best available to the
Embassy at this time.


10. (U) The arrests have generated an intense level of
interest among the Colombian media. News stories have been
fairly balanced (with periodic lapses in fact-checking),but
editorials have taken a markedly more negative tone. Many
pieces, including the lead editorial in the top national
daily El Tiempo on May 6, noted that the soldiers' arrest is
the latest in a string of illegal activities on the part of
U.S. servicemen in Colombia (in March five U.S. servicemen
were arrested after 35 lbs. of cocaine was discovered on a
military aircraft headed for the U.S.). Because many
Colombians, including well-educated Colombians, doubt the
U.S. intention to investigate and prosecute these crimes,
many opinion pieces also called into question the agreements
between Colombia and the U.S. allowing for the immunity of
U.S. personnel from criminal charges before the Colombian
Justice system.
WOOD