PRESIDENT URIBE TO RELEASE FARC PRISONERS, SEEKS

C O N F I D E N T I A L BOGOTA 003778 SIPDIS SIPDIS E.O. 12958: DECL: 05/25/2017 TAGS: PREL PGOV PTER KJUS CO SUBJECT: PRESIDENT URIBE TO RELEASE FARC PRISONERS, SEEKS TRUTH-FOR-FREEDOM LAW TO ADDRESS PARA-POLITICAL SCANDAL Classified By: Political Counselor John S. Creamer Reason: 1.4 (b,d) -------------- Summary -------------- ¶1. (C) President Alvaro Uribe announced two significant proposals designed to further peace processes in Colombia. On May 25, he said he would release FARC prisoners before June 7 for "reasons of State." On May 22, Uribe outlined a truth-for-freedom proposal that would allow those accused of criminal ties to former paramilitaries to plead guilty and confess in return for a guarantee of no jail time. Presidential Communications Director Jorge Mario Eastman told polcouns the GOC considers it impossible to jail all those who may be implicated in former paramilitary activities. The new provisions would apparently not affect the Justice and Peace Law (JPL) or the ex-paramilitary leaders now jailed in Itagui; they will continue their confessions, be subject to JPL sentences, and face extradition for JPL violations. End summary. -------------- "Release" of FARC Prisoners -------------- ¶2. (U) President Uribe announced May 25 that by June 7 FARC prisoners will be "conditionally released" from jail for "reasons of State." Previously, Uribe had said he would release a "massive" number of FARC prisoners, who would be placed in less restrictive facilities under Catholic Church supervision on the condition they did not return to crime. Uribe did not specify how many prisoners would benefit from the plan, where they would be located, or whether any FARC prisoners would be excluded. He said he would use existing authority under the Public Order Law to declare the prisoners participants in the peace process, similar to the status ELN negotiators enjoy in Havana. The designation would not be an amnesty, and the prisoners could be returned to jail at the president's discretion. Uribe said he is also examining whether JPL provisions may be applied to FARC prisoners convicted of crimes against humanity, which would effectively limit their sentences to 5-8 years. -------------- Uribe Proposes Truth-for-Freedom Law -------------- ¶3. (C) On May 22, Uribe proposed a "national discussion" on whether politicians, ranchers, businessmen, and others who cooperated with the paramilitaries but were not involved in murder or other violent crimes should receive no jail time in exchange for full confessions of their past ties to armed groups. He said discovering the truth about those ties was one of Colombia's highest priorities. Presidential Communications Director Jorge Mario Eastman told polcouns May 25 the GOC regards it as impossible to jail everyone in Colombia who had links with the former paramilitaries. He said Uribe's proposal would require legislation, as well as the support of opposition parties, to succeed. -------------- No Changes for Jailed Paras -------------- ¶4. (U) Uribe said that JPL process will continue. Jailed ex-paras will remain in jail, continue their confessions, and be subject to extradition if found in violation of JPL terms. Former paramilitary leaders who had abandoned the peace process, such as Ever Veloza (HH) or Vicente Castano, would be subject to extradition once they were captured. Uribe said he would consider moving the jailed ex-paras to "agricultural colonies" once they had completed their confessions and been sentenced. -------------- - Congress: Mixed Views on Proposed Legislation -------------- - ¶5. (U) Congressional reaction to Uribe's proposals is split, with some fearing any bill providing benefits to congressmen jailed in the para-political scandal would further damage the institution's legitimacy. In March, Polo Democratic Party Senator Gustavo Petro proposed a "Ley de Punto Final" (truth pact) similar to Uribe's concept, but he immediately labeled Uribe's proposal a trick to free jailed political allies. The Liberal Party publicly rejected Uribe's no jail proposal, but senior Party officials told us privately a law may be in order. Contacts from all parties agreed political solutions will be required to address large numbers of national and local politicians, businessmen, farmers and others who may be implicated in past associations with the various armed groups that previously controlled the Colombian countryside. Drucker