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)

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Summary
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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.

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"Release" of FARC Prisoners
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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.

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Uribe Proposes Truth-for-Freedom Law
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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.

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No Changes for Jailed Paras
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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.

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Congress: Mixed Views on Proposed Legislation
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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