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) -------------- SUMMARY -------------- ¶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. -------------- MFA REQUESTS FIRST OF MANY FUTURE MEETINGS -------------- ¶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. -------------- Minister Pretelet -------------- ¶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.) -------------- Vice Minister Penafort -------------- ¶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