SEN REED MEETS WITH NGO COLOMBIAN COMMISSION OF

C O N F I D E N T I A L BOGOTA 003765 SIPDIS SIPDIS E.O. 12958: DECL: 04/27/2016 TAGS: PHUM PREL PGOV CO SUBJECT: SEN REED MEETS WITH NGO COLOMBIAN COMMISSION OF JURISTS Classified By: Ambassador William B. Wood. Reasons: 1.4 (b) and (d). ¶1. (U) Senator Reed did not have an opportunity to clear this cable. ¶2. (U) Summary. On April 20 CODEL Reed met with Gustavo Gallon, Director of the NGO the Colombian Commission of Jurists (CCJ). Gallon said the Democratic Security policy targets only certain criminals and protects only certain individuals, the demobilization process is not serious because 99 percent of paramilitaries will not be punished for their crimes, and while the CCJ has friends in the military who are trying to improve respect for human rights, complaints against the military have increased. End summary. ¶3. (U) Senator Reed opened the meeting by asking Gallon what were the CCJ's greatest concerns about human rights in Colombia. Gallon told Senator Reed the GOC's Democratic Security policy does not protect displaced people or middle-class or lower-class citizens who need access to economic, social and cultural rights like health care and pensions. Rather the policy promoted only the fight against guerillas. "It certainly has not focused on attacking paramilitaries," he said, repeating reports that paramilitary leader "El Aleman" ("The German") still operates in Choco with impunity and alleged assistance from local authorities. Of some 1,600 paramilitaries allegedly killed in action by the Colombian Government, Gallon said, none have been leaders. ¶4. (U) The paramilitary demobilization process, Gallon continued, is not serious. Since the cease-fire declaration in December 2002 through December 2005, the CCJ had received reports of many violations including 2,750 deaths by paramilitaries. According to Gallon, the Prosecutor General has reported that there are 770 cases of cease-fire violations under investigation, but only two have come to trial. Since the high-profile kidnapping of a Senator by paramilitary leader "Jorge 40" prior to negotiations in 2004, the GOC had neither enforced the cease-fire nor tried to shame paramilitaries into compliance. In addition, Gallon said that the GOC only intends to prosecute 600 paramilitary leaders under the new Justice and Peace law, only one percent of the estimated 29,000 who have demobilized. Any other paramilitary who does not already have an open investigation against him/her, according to a decree passed by the President in December, 2005, will not be prosecuted. Gallon asserted the decree is unconstitutional. Gallon added that the new 12-member National Commission on Reparations was ostensibly created to get relief for the victims of the 29,000 demobilized paramilitaries, but was really for appearances only. ¶5. (U) Gallon said while he had heard that the military was trying to improve respect for human rights, complaints were on the rise. He also asserted that GOC statistics for homicides and killings were not accurate. For example, the MOD had reported 3 trade unionists killed in Arauca were "downed in combat," but the Vice President's office did not count them as deaths by the military because the Prosecutor General's office had not determined the perpetrator of the crime. Yet according to Gallon, in a meeting between the CCJ and the VP's office the VP's statistical database manager admitted they counted deaths attributed to guerillas before the Prosecutor General's office had determined the perpetrators. The inaccurate statistics contributed to the impression that things are getting better, said Gallon, but amounted to misrepresentation by the GOC. ¶6. (U) Gallon concluded by adding that the judiciary system was also encountering problems. He was frustrated that the new oral accusatory system gave too much discretion to prosecutors to plea bargain or dismiss charges, and did not sufficiently protect the victims of crimes, who in the past could appear as interested parties in penal cases. ¶7. (C) We disagree with many of Gallon's views. For instance, the Justice and Peace Law just overcame its largest constitutional hurdle. But we will follow up on those statements that might have substance. WOOD