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