NEW COLOMBIAN CRIMINAL PROCEDURE CODE

UNCLAS SECTION 01 OF 02 BOGOTA 001054

SIPDIS

BOGOTA FOR JUDATT JMCMILLEN, TBLACK
JUSTICE FOR CRM/DAAG - MLWARREN

E.O. 12958: N/A
TAGS: KJUS PGOV PREL CO JSRP LGAT
SUBJECT: NEW COLOMBIAN CRIMINAL PROCEDURE CODE



1. (U) Summary. On January 1 the new Colombian Criminal
Procedure Code was introduced in 7 judicial districts:
Bucaramanga, Buga, Cali, Medellin, San Gil, Santa Rosa and
Tunja. These districts are added to the four which
introduced the new Code in 2005: Armenia, Bogota, Manizales
and Pereira. This is part of the gradual implementation of
the Code, a dramatic and historical reform of the Colombian
criminal justice system throughout the country, which will be
completed in 2008. The Code introduces an accusatory system,
i.e., it moves Colombia away from its traditional written,
inquisitory system which was inefficient because cases took
years to resolve. The Code's implementation has already made
a difference, with criminal cases now taking weeks or months
to resolve, as opposed to 3-5 years. Over 60% of cases with
an arrest are now resolved with plea agreements or
convictions. While too early to be definitive, the
successful implementation of the new system in 2005 appears
to be repeating itself in the 7 new districts in 2006. This
is particularly important given that the implementation
includes the districts of Cali and Medellin, critical to U.S.
law enforcement efforts. USG assistance has been
instrumental to the implementation of the new Code. End
Summary.

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Introduction of Criminal Procedure Code in 7 New Judicial
Districts
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2. (U) The new Colombian Criminal Procedure Code which was
successfully initiated during 2005 in the districts of
Armenia, Bogota, Manizales and Pereira, was introduced into
the 7 judicial districts of Bucaramanga, Buga, Cali,
Medellin, San Gil, Santa Rosa and Tunja on January 1. The
districts of Cali and Medellin are of particular importance
as both districts have a very significant impact on many of
the major complex narcotics cases which concern U.S. law
enforcement. The initial reports during the first week of
implementation indicate a repeat of the success of 2005,
building on the experience from the implementation in Bogota
and the Coffee Region (Armenia, Manizales and Pereira). Many
of the procedural problems in the initial year of
implementation in Bogota and the Coffee Region have been
avoided and the experience from 2005 is being used to better
prepare the new districts. Judicial proceedings, oral and
open to the public, are being handled quickly and
effectively; many of the criminal cases are being resolved
with guilty pleas; police, prosecutors, judges and public
defenders, generally speaking, appear to understand their
roles in the new accusatory system. The press reports from
the various districts during the first week have been very
positive.


3. (U) Problems continue in the administrative area, such as
logistics, computer information systems, case and court
administration, and transportation of detainees. These
problems are to be expected given the dramatic transition,
but will need to be addressed for the initial success to be
solidified. Personnel issues, particularly ensuring adequate
numbers of police investigators, prosecutors, judges and
public defenders, still need to be addressed.

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Implications of the New Code
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4. (U) The inefficiency of the old system was a primary
reason for the introduction of a new accusatory criminal
procedure code. The expectation of a transparent, swift and
effective justice system has been a driving force behind this
dramatic and historical reform of the Colombian criminal
justice system ) a system which has been plagued by
corruption, mountains of paper, long delays in resolving
criminal cases, threats and intimidation of judicial officers
by powerful criminal organizations. If implemented properly,
the new Code holds great promise for more effective criminal
investigations, including the ability to conduct confidential
investigations and offer plea bargains which can &flip8
some co-defendants to testify and provide evidence against
other members of criminal organizations. The swift and
effective resolution of common crimes which have
traditionally clogged the criminal justice system through a
transparent process should improve the Colombian public's
confidence in the justice system.


5. (U) Addressing common but serious crimes such as
homicides, theft, assault and sex offenses, has been a
primary focus of the initial success in the implementation of
the new Code. The continued effectiveness in addressing
these crimes is critical for the development of the Colombian
criminal justice system and public confidence. However, a
test of the new Code will be its effectiveness in addressing
complex crimes involving criminal organizations which have
long entangled not only the Colombian criminal justice system
but Colombian society. Much of this will rely on the
effectiveness and abilities of the judicial officers tasked
with implementing the new Code.

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USG Assistance
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6. (U) The Embassy has been training and providing technical
assistance for the implementation of this important criminal
justice system reform. Through the Department of Justice and
USAID, the Embassy has provided intensive training to over
18,000 prosecutors, judges, police, forensic experts and
public defenders. Embassy programs have been critical in
preparing these 11 judicial districts for the implementation
of the new Code and the accusatory system. Embassy programs
have provided equipment and technical support for prosecutor
offices, police entities, forensic laboratories, the
judiciary and court rooms, and public defenders offices and
Casas de Justicia. Embassy teams together with Colombian
personnel are closely monitoring the implementation of the
new Code in the 7 new judicial districts, providing technical
assistance and mentoring where needed.


7. (U) A striking example of the impact of USG assistance on
the introduction of an effective criminal justice system in
Colombia is what occurred during the week of January 2 in the
Department of Boyaca. Many of the towns in this Department
only a few years ago were under the control of Colombian
guerrilla organizations. As a result of the USG-sponsored
police insertion program, these towns came under GOC control
and during the first week of January introduced the new
accusatory system and their first oral, public judicial
proceedings.

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Comment
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8. (U) The successful and effective implementation of the
new Colombian Criminal Procedure Code is critically important
in reforming the Colombian criminal justice system. The first
year of its implementation and the initial reports of 2006
indicate significant potential for success. The
implementation of the new Code has been more successful than
many anticipated. Given the numerous obstacles and problems
Colombia faces, the implementation is remarkable. While
serious issues remain and the implementation must be viewed
as an ongoing process, the early successes are very
encouraging. The USG must continue to play a catalyzing role
to ensure progress is sustained.
WOOD