COLOMBIA: WHA PDAS SHAPIRO MEETS WITH FISCAL

C O N F I D E N T I A L BOGOTA 006689

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/17/2016
TAGS: PREL PGOV SNAR CO
SUBJECT: COLOMBIA: WHA PDAS SHAPIRO MEETS WITH FISCAL
IGUARAN


Classified By: Charge Milton K. Drucker, Reasons 1.4 (b&d)

--------------
Summary
--------------


1. (SBU) On July 10, WHA PDAS Charles Shapiro discussed human
rights and the Justice and Peace Law with Colombian
Prosecutor General (Fiscal) Mario Iguaran. Shapiro was
accompanied by Emboffs Colleen Hoey, Paul Vaky, and notetaker
Sara Mercado. Shapiro emphasized the U.S. strong interest in
promoting human rights and highlighted the importance of the
human rights certification process. Iguaran said the
Fiscalia was committed to protecting human rights and would
play a key role in implementing the Justice and Peace Law.
End Summary.

--------------
Fiscalia Justice and Peace Unit Almost Ready
--------------


2. (SBU) Iguaran said the Prosecutor General's Justice and
Peace (J&P) Unit was almost ready to begin its work. J&P
Unit Coordinator, Luis Gonzalez Leon, told Shapiro the J&P
Unit had 118 investigators of the 150 required under the Law

975. He had 12 of the 20 prosecutors required for full
staffing. Iguaran said all those hired were experienced
investigators and prosecutors already working in other units
within the Fiscalia. Iguaran noted that Gonzalez was
selected for the Coordinator position because he had
excellent relationships with prosecutors, strong
administrative skills, and deep knowledge of Law 975.


3. (C) Gonzalez said his office planned to further exploit
the information obtained in the demobilized paramilitaries
debriefings ("version libres"). Many AUC members were
unexpectedly forthcoming and the GOC was now working to
cross-reference the information provided with relevant law
enforcement data. Iguaran attributed the paramilitaries'
frankness to the fact they are confined, while their leaders,
on the other hand, are able to take advantage of the J&P law.
In one case, a man confessed to killing 14 people.
Investigators were successful in contacting the police to
match up that information with open investigations. In
another case, 12 bodies were uncovered in a mass grave, and
investigators were able to get the names of all the dead.
Maria Fernanda Cabal, the Fiscalia's Director of the Office
of International Affairs, noted the security risks and high
cost of investigations and uncovering mass graves from AUC
massacres. She said members of the U.S. Congress and NGOs
should come to Colombia to see this process at work in order
to understand the serious and effective manner with which the
GOC is approaching this endeavor, even with limited
resources. She noted the GOC is seeking international
support for investigations and prosecutions from Japan and
Canada.

--------------
Defending Law 975
--------------


4. (C) Iguaran said the GOC needs U.S. help to defend the
peace process against critics. Shapiro noted the Justice and
Peace Law was problematic in Washington, as some in the
Congress and the NGO community were critical. Shapiro asked
when the Fiscalia plans to start prosecutions, and
underscored the importance of effective implementation of the
law to the U.S. ability to defend the peace process. Iguaran
responded that the Fiscalia was in a holding pattern because
it had not yet received the list of those eligible for Law
975 benefits.


5. (SBU) Gonzalez said the NGO community had begun to
participate in the Justice and Peace Law process by providing
the GOC with information from their databases about alleged
extrajudicial killings and other human rights violations.
Iguaran observed that NGOs and victims have recently been
less critical of the law.

--------------
Human Rights
--------------


6. (C) Shapiro said NGOs consistently raise concerns about
threats and other challenges to being an aid worker,
journalist, prosecutor, or labor leader in Colombia, and
asked what the GOC is doing to respond to these concerns.
Iguaran assured Shapiro the Fiscalia takes all reports of
threats against individuals and organizations seriously, and
responds quickly. He said the GOC provides armored cars,
bodyguards, and other security measures to protect
individuals. However, Iguaran noted it can sometimes be a
challenge to distinguish between legitimate threats and those
fabricated to qualify for benefits.

--------------
New Role in Military Penal Justice
--------------


7. (SBU) Iguaran commented on the new role the Fiscalia will
have in investigations of allegations of human rights cases
against members of the military, saying it would be a
challenge for the uniformed military to put their trust in
any external entity for investigations against their own.
However, the human rights unit is prepared to handle these
new responsibilities, and it will work with the Armed Forces
to ensure cooperation. Iguaran said significant progress
been made in the Jamundi case, and emphasized that this
success will be a model for future investigations.


8. (U) This cable has been cleared by WHA PDAS Shapiro.
WOOD