U/S BURNS DISCUSSES HUMAN RIGHTS AND

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 007360

SIPDIS

SOUTHCOM FOR POLAD

E.O. 12958: DECL: 08/03/2015
TAGS: PREL KJUS PHUM PTER CO
SUBJECT: U/S BURNS DISCUSSES HUMAN RIGHTS AND
DEMOBILIZATION LAW WITH INCOMING PROSECUTOR GENERAL

Classified By: Ambassador William B. Wood, Reasons: 1.4 B & D.


1. (U) July 26, 2005, 6:30-7:30 pm, Ambassador's Residence,
Bogota.


2. (U) Participants:

U.S.
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R. Nicholas Burns, U/S for Political Affairs
Ambassador William B. Wood
Jeffrey DeLaurentis, Political Counselor
Cynthia Echeverria, P Special Assistant
Brian Walch, POL, notetaker
Luis Guio, Interpreter

Colombia
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Mario Iguaran Arana, Prosecutor General.


3. (C) Summary: U/S Burns and Ambassador discussed human
rights certification and implementation of the demobilization
law (aka Justice and Peace) with newly elected Prosecutor
General (Fiscal General) Mario Iguaran on July 26. U/S Burns
stressed the importance of making progress on key human
rights cases, including San Jose de Apartado, Mapiripan, and
Arauca, noting that the U.S. Congress and the international
human rights community were keenly focused on them. He asked
that Iguaran make public his personal commitment to
completing the investigations and dedicate all possible
support to the prosecutors in each case. U/S Burns also
noted the importance of the U.S.-Colombia extradition
relationship and the need to effectively and transparently
implement Justice and Peace. Ambassador urged that the
Fiscalia begin developing cases on leading paramilitary
figures prior to the likely completion of demobilizations in
December. End Summary.

HUMAN RIGHTS CERTIFICATION
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4. (C) On July 26, U/S Burns and Ambassador met with
incoming Prosecutor General Mario Iguaran Arana. U/S Burns
stated the strong support of the USG for Colombia but warned
that lack of progress on human rights could negatively affect
the relationship. U/S Burns noted the importance that the
USG, including the U.S. Congress, and international human
rights community place on resolution of the San Jose de
Apartado (SJA),Mapiripan, and Arauca cases. U/S Burns
stated that Colombia had lost much ground in the court of
public opinion owing to lack of progress on each. He asked
Iguaran to be vocal and clear on the need to improve the
track record. The Mapiripan case was now seven years old and
that SJA Peace Community allegations of armed forces'
responsibility were not being counteracted by effective GOC
and Fiscalia action on the case. U/S Burns requested that
Iguaran do three things soonest:

--Ensure that the prosecutors in each case have all necessary
resources;
--Monitor each case personally;
--Make a clear and public statement of personal commitment to
resolving each case.


5. (C) Iguaran noted his personal and long-standing
commitment to human rights issues and promised to redouble
the Fiscalia's efforts. He recognized that delays had a
large negative cost for Colombia. He said improving the
Fiscalia's human rights units would be a top priority.
Iguaran asked the USG provide additional assistance, in
particular technical, to the Fiscalia. Iguaran suggested
ongoing and successful USG training of prosecutors in the new
accusatory criminal justice system (investigation, evidence
gathering and chain of custody, and trial techniques) be
expanded to include prosecutors that will handle
demobilization cases. U/S Burns said we would look in to
providing additional assistance as permitted under U.S. law.

DEMOBILIZATION LEGISLATION
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6. (C) U/S Burns said that many Washington actors view the
Justice and Peace law as too lenient, and called for rigorous
and energetic implementation. Ambassador urged Iguaran to
begin investigative work now, and to publicly indicate those
who will be in the category of pardonable political crimes
(Law 782) and those to be prosecuted for non-pardonable
crimes under Justice and Peace. Iguaran reiterated his
commitment to the law and his efforts over the previous year
to attain Congressional approval. He agreed on the need to
begin gathering evidence in order to have a significant base
of data prior to January. He also noted that he had agreed
with our input and had been fully supportive of making the
modifications we had recommended. Iguaran, thinking of his
position as Prosecutor General, expressed some concern over
the short investigative timeline (60 days) under the law. He
promised, nevertheless, to energize the relevant prosecutors.

EXTRADITION RELATIONSHIP
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7. (C) U/S Burns stated that much of the goodwill toward
Colombia in Washington stemmed from the productive bilateral
extradition relationship. While noting the Colombian
President's discretionary power to deny or suspend
extraditions, U/S Burns stressed that major drug traffickers
needed to remain in the extradition pipeline. Iguaran noted
language in the demobilization law would prevent major drug
traffickers, including those who were traffickers prior to
becoming paramilitaries, from gaining benefits. In addition,
the Fiscalia would proceed as normal with drug trafficking
cases against leading paramilitaries until eligibility under
Justice and Peace is confirmed. Ambassador noted the
importance we place on the extradition of paramilitary
commander and drug trafficker "Don Berna" and USG concern
that he had ordered the assassination of a prominent Cordoba
Department politician while seated at the negotiating table.
Iguaran noted that as Vice Minister of Justice, he had
consistently co-signed extradition packages, a novel practice
for individuals in his position. He indicated that his
co-signature was a sign of his commitment to extradition as
the key deterrent to drug trafficking activity in Colombia.
Iguaran pointed to his role in preventing the
Rodriguez-Orejuela family from continuing to exert control
over the "La Rebaja" drug store chain.


8. (U) U/S Burns has cleared this cable.
DRUCKER