URIBE OFFERS "MASSIVE" RELEASE OF FARC PRISONERS

C O N F I D E N T I A L BOGOTA 003394

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/14/2017
TAGS: PGOV PTER CO
SUBJECT: URIBE OFFERS "MASSIVE" RELEASE OF FARC PRISONERS
IN TACTICAL MOVE AGAINST TERRORIST GROUP

Classified By: A/DCM Raymond G. McGrath
Reason: 1.4 (b,d)

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Summary
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1. (C) Peace Commissioner Luis Carlos Restrepo said May 11
he would begin immediate consultations with legal and other
GOC authorities to establish a mechanism by which the GOC
could unilaterally release hundreds of FARC prisoners.
President Uribe had made the offer earlier on May 11, saying
his principal condition was that the prisoners did not return
to FARC ranks and instead went overseas or joined a GOC
reinsertion program. The FARC has not responded. Legal
commentators said the GOC would need a constitutional
amendment to release FARC prisoners convicted of crimes
against humanity, a process that could take 18 months. End
summary.

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Uribe Offers to Release "Massive" Number of FARC Prisoners
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2. (U) President Alvaro Uribe said during a radio interview
on May 11 he was prepared to authorize the release from jail
of a "massive" number of FARC prisoners. The only condition
he placed on the release was that the prisoners do not return
to FARC ranks. Uribe said they could instead go overseas or
enter a GOC reinsertion program under Catholic Church
auspices. He also said the GOC was disposed to accept a
European proposal being prepared on humanitarian exchange if
he found it to be reasonable, but reiterated that he would
not accept a demilitarized zone.


3. (U) During a press conference later that day, Peace
Commissioner Luis Carlos Restrepo elaborated on Uribe's
proposal, saying the number of prisoners eligible for release
could be 300 or more. He acknowledged some of those
prisoners are serving sentences for crimes against humanity
that are not subject to pardons under existing Colombian law,
but insisted Uribe's offer included all FARC prisoners.
Restrepo said he would immediately begin discussions with
judicial and other authorities on the offer, because the
executive branch did not have the authority to make
unilateral decisions to release all FARC prisoners. He said
Uribe's proposal was intended to "open a path of peace and
reconciliation" that would lead to FARC hostages returning
home.

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Legal Complications
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4. (U) Legal commentators said the President has the
authority to pardon FARC terrorists imprisoned for
"rebellion," but he cannot pardon those convicted of crimes
against humanity ("delitos atroces") without a constitutional
amendment. Such crimes include kidnapping, torture, forced
disappearance, and terrorism. Congress would require eight
debates over two congressional sessions, or about a year, to
approve such an amendment. The Constitutional Court would
require another six months to consider its constitutionality.
To date, the FARC has not responded to Uribe's proposal.

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Comment
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5. (C) Uribe's offer appears to be the latest in a series of
tactical moves designed to put the onus on the FARC for the
lack of movement on a humanitarian accord and to deflect
criticism of the paramilitary process by showing the GOC is
also willing to take risks to advance peace talks with a
left-wing terrorist group. The FARC has never demonstrated
any interest in releasing its hostages, repeatedly rejecting
any proposed humanitarian exchange talks that did not
establish a demobilized zone close to narcotrafficking
routes.
Drucker