GOC EXPLAINS JUSTICE AND PEACE LAW DECREE TO

C O N F I D E N T I A L BOGOTA 001355

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/09/2015
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: GOC EXPLAINS JUSTICE AND PEACE LAW DECREE TO
DIPLOMATIC CORPS


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

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SUMMARY
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1. (C) The Minister and Vice Minister of Interior and Justice
briefed the diplomatic corps on January 13 on the
implementing decree for the Justice and Peace law. They said
the guiding principles in writing the implementing decree
were "truth" and "reparations" and, as a result, the decree
extends the time lines for investigation and preferral of
charges, and makes special provision for front men who turn
over illicit assets. End Summary.

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MFA REQUESTS FIRST OF MANY FUTURE MEETINGS
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2. (C) On January 13, Minister of Foreign Affairs Carolina
Barco convened the diplomatic corps to explain and request
support for the implementing decree for the Justice and Peace
law, which the GOC issued on December 30. Barco said the
meeting was the first of several to keep the diplomatic
community better informed and involved in the demobilization
effort. At the initial meeting, the Minister and Vice
Minister of the Ministry of Interior and Justice, who drafted
the implementing decree, explained its key provisions.

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Minister Pretelet
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3. (C) Minister of Interior and Justice Sabas Pretelt
emphasized the importance of the international community's
support for the Justice and Peace law and its implementing
decree. The GOC was not trying to repeat other countries'
peace processes, but rather to pursue the perpetrators of
serious crimes against humanity and to compensate victims.
51 of the 71 articles of the law focus on victims. Pretelt
underscored how the law is unprecedented and pressed for
international community support.


4. (C) Pretelt said the law's main objectives were to
dismantle the illegal armed groups and to compensate their
victims. He defended the GOC's decision to include the
"principle of opportunity" (prosecutorial discretion) in the
regulations to encourage front men to hand over paramilitary
assets. Otherwise, third party front men would have to be
prosecuted as "fronts" and could receive sentences of up to
15 years in prison, stiffer than the sentences for
demobilizing paramilitaries themselves. Prosecutorial
discretion gives the front men an incentive to turn over
assets, rather than conceal them. The possibility of
discretion would exist only for those who acted only as
fronts, not members of the paramilitaries themselves or
persons who ha committed violent acts. (Prosecutorial
discretion was a reform introduced as part of the oral
accusatory system last year and the embassy strongly
supported its inclusion in the implementing decree.)

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Vice Minister Penafort
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5. (C) Vice Minister of Justice Ximena Penafort stressed that
demobilized fighters who wish to benefit from the Justice and
Peace law must swear to abide by the requirements for
eligibility (Articles 10 and 11). She noted that Peace
Commissioner Restrepo announced that "in a question of weeks"
he would give the Superior Judicial Council the list of
potential beneficiaries, as soon as demobilizations were
over. Group members not on the list cannot receive benefits,
but being on the list does not imply automatic benefits; the
judicial authorities must verify eligibility and compliance.

The National Civil Registry Office will identify the
demobilized fighters.


6. (C) Penafort noted that the implementing decree extends
the deadlines for investigation and formulation of charges.
The Fiscalia will now have six months to investigate the
beneficiaries on the government's list. The demobilized
fighter will have to complete his "version libre" (voluntary
statement) during this period. The decree makes clear that
the "version libre" is a process, rather than a one-time
event, and can include repeated, detailed questioning by
prosecutors. After the demobilized fighter completes his
voluntary statement, the prosecutor must notify the tribunal,
which will have 36 hours to set the hearing to notify him of
the charges that will be investigated. Thereafter, the
prosecutor has up to 60 days to investigate the charges and
to formally charge the person. The 60-day time period can be
extended to up to 120 days by court order, upon petition of
the parties.


7. (C) Penafort said that if the accused denies the charges
or retracts the confession contained in the voluntary
statement, he loses his benefits under the Justice and Peace
law and will be tried under ordinary criminal law. She also
confirmed that the alternative sentence under the Justice and
Peace law will not be subject to substitute sentencing,
additional benefits, or other sentence reductions.


8. (C) Penafort said that the guiding principles of the
implementing decree were truth and reparations. That was why
the time lines for investigation were extended and why
prosecutors were given discretion to not prosecute front men
who voluntarily turned over illicit assets they were holding
on behalf of paramilitaries. She added that prosecutorial
discretion would only be applied where there was full
cooperation.
DRUCKER