MILITARY JUSTICE REFORM FOCUSES ON SYSTEMIC FLAWS

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 006718

SIPDIS

E.O. 12958: DECL: 07/15/2015
TAGS: KJUS PHUM MOPS PGOV CO
SUBJECT: MILITARY JUSTICE REFORM FOCUSES ON SYSTEMIC FLAWS

REF: BOGOTA 6508

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

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Summary
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1. (U) On July 11, the Ambassador hosted military justice
Director Brigadier General Luis Fernando Puentes to discuss
the military justice reform process and encourage
transparency. Colombia's Military Penal Justice (MPJ) system
has been accused of promoting impunity and responding slowly
to criminal charges against officials. Puentes hopes to
improve MPJ through a two-phase reform plan. Phase one would
establish time limits on administrative processes to reduce
the backlog of service misbehavior (victimless) cases. Phase
two aims to return MPJ to an accusatorial procedure, create
an investigative corps, and establish a defense corps. The
Ambassador suggested that Puentes consider adding changes to
create a transparent, reliable and equitable system in
addition to the envisioned administrative changes. Incoming
Minister of Defense Camilo Ospina is familiar with the
project and should be able to advance the reform effort.
Puentes requested U.S. assistance to overcome Polo
Democratico opposition and to overcome anticipated
pre-election distraction in the Congress towards the reform
package. End Summary.

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Reform Package Fixes
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2. (SBU) Puentes' two-part reform package would (1) reduce
case backlog by imposing time limits on service crimes; (2)
establish an investigative corps to gather crime scene
evidence; (3) create a defense corps like the Judge Advocate
General system in the United States; and (4) return the MPJ
procedures to an accusatorial system. According to Puentes,
these fixes would improve the system by making it more
efficient and compatible with the regular justice system.
Each of the fixes would address critical problems that
emerged from the 2000 reform process.


3. (C) Puentes noted that the new Defense Minister, Camilo
Ospina, had already read the proposed reforms and made them a
priority (ref A). The Ambassador agreed that Ospina would be
an excellent champion because of his legal background and
understanding of the legislative process. Per Puentes, the
initial reform package was introduced in the Congress in
April and has concluded one plenary debate. The second
package of reforms will be introduced on July 20 when
Congress returns from its month-long recess. Ospina directed
Puentes to request funding for reform from the budget office
(Hacienda),but Puentes believes the only expense would be
from creating a defense corps.

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Areas not Changed
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4. (C) Puentes stressed that high-profile human rights cases
linked to military officials, including the Cajamarca murders
and Arauca trade unionist murders, were not being tried in
the MPJ system. Military justice was prohibited from hearing
human rights cases or cases involving criminal behavior
unrelated to official duties, such cases were handled in
civilian courts. The reforms would not change that.
Nevertheless, Puentes acknowledged that the procedure of
vying for jurisdiction on cases that could belong either to
the military or ordinary justice systems delayed the court's
decisions. The Ambassador underscored the importance of
establishing a process that would reliably investigate and
issue definitive verdicts on military officials involved in
such cases. He added that transparency, fairness,
timeliness, and equality were critical elements necessary for
a meaningful reform. However, the proposed reform packet
focused on streamlining existing institutions rather than
establishing a more transparent and responsive system.


5. (C) The Ambassador asked to be kept informed of reform
progress and suggested that Puentes consider the "big
picture" including planning a budget and institutional goals
to guide MPJ reform. He further recommended that military
justice begin to produce regular demonstrations of its
improvements such as timely case resolutions, or reform
advances. Puentes responded that the Iscuande trial,
involving two hometown marines and one enlisted man accused
of infiltrating the Navy to pass the FARC information to
attack the base, was slated to conclude within the next month
and could be a success story. The case preparation and trial
lasted five months and will result in 14 enlisted and several
officers retiring from the military.

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Critics Balk
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6. (C) Polo Democratico politicians have been the most
critical of reforms, according to Puentes. He singled out
Representative Luis Antonio Serano for criticizing the
initial reform package twice without having read the
document. Although there are 17 reservists serving in
Colombian Congress whom Puentes considers sympathetic to MPJ
reforms, he requested U.S. backing to overcome those that
could attempt to delay reform for years or shelve them
without debate. He added that Congress would have to be
encouraged to continue debate since members will likely be
consumed with pre-election campaigning. Puentes had no
further information on potential reform opponents.
WOOD