Identifier
Created
Classification
Origin
07BOGOTA3879
2007-05-31 17:48:00
CONFIDENTIAL
Embassy Bogota
Cable title:
FARC PRISONER RELEASE EXPECTED
how-toVZCZCXYZ0014 OO RUEHWEB DE RUEHBO #3879/01 1511748 ZNY CCCCC ZZH O 311748Z MAY 07 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 5772 INFO RUEHBR/AMEMBASSY BRASILIA 7570 RUEHCV/AMEMBASSY CARACAS 9034 RUEHLP/AMEMBASSY LA PAZ MAY LIMA 5096 RUEHZP/AMEMBASSY PANAMA 0343 RUEHQT/AMEMBASSY QUITO 5717 RUEHGL/AMCONSUL GUAYAQUIL 3972 RUEATRS/DEPT OF TREASURY WASHDC RUEAIIA/CIA WASHDC RUEAWJA/DEPT OF JUSTICE WASHDC RHEFDIA/DIA WASHDC RHEHOND/DIRONDCP WASHDC RUEKJCS/JOINT STAFF WASHDC RHEHNSC/NSC WASHDC RUEKJCS/SECDEF WASHDC
C O N F I D E N T I A L BOGOTA 003879
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/31/2017
TAGS: KJUS MARR PGOV PHUM PINR PREL PTER CO
SUBJECT: FARC PRISONER RELEASE EXPECTED
REF: BOGOTA 3394
Classified By: Political Counselor John S. Creamer.
Reasons: 1.4 (b) and (d)
-------
Summary
-------
C O N F I D E N T I A L BOGOTA 003879
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/31/2017
TAGS: KJUS MARR PGOV PHUM PINR PREL PTER CO
SUBJECT: FARC PRISONER RELEASE EXPECTED
REF: BOGOTA 3394
Classified By: Political Counselor John S. Creamer.
Reasons: 1.4 (b) and (d)
--------------
Summary
--------------
1. (C) The Presidency's Legal Advisor Mauricio Gonzalez told
polcouns May 26 the GOC was preparing a decree to regulate
the transfer and release of a significant number of FARC
prisoners. Gonzalez linked the initiative to President
Uribe's conversation with newly-elected French President
Nicholas Sarkozy; Senator German Vargas Lleras told Charge on
May 30 that Uribe's insistence on transferring the FARC
prisoners before June 7 was tied to Sarkozy's promise to seek
support for Colombia at the June 4-7 G-8 meeting in Germany.
Deputy High Commissioner for Reintegration Maria Eugenia
Pinto said May 31 the GOC would begin to transfer the
prisoners June 1. End summary.
--------------
FARC Prisoner Release Legal Framework
--------------
2. (C) Casa de Narino Legal Advisor Mauricio Gonzalez told
polcouns May 26 the GOC was preparing a decree implementing
President Uribe's proposal to release a significant number of
FARC prisoners (reftel). He said the process would involve:
(1) defining imprisoned FARC members as a group interested in
demobilizing; (2) reviewing the conduct that led to their
arrest and conviction to determine if a prisoner belonged to
the FARC, with Peace Commissioner Luis Carlos Restepo
certifying an individual as eligible; and (3) an act of
demobilization that would include a free and spontaneous
renunciation under oath of FARC membership. The oath of
renunciation would be accompanied by a commitment not to
return to the FARC or other criminal activity, participation
in a reinsertion program, and agreement to monitoring by the
Catholic Church or the Human Rights Ombudsman.
3. (C) Gonzalez said all released FARC would initially be
held in a La Ceja-type detention facility administered by
INPEC. Those FARC who were in jail only for membership in
the group could be pardoned fairly quickly under law 782 and
then released under the conditions outlined above. He said
FARC in jail for serious human rights abuses would have to
apply for relief under the Justice and Peace Law. The GOC
could also name some of the FARC guilty of human rights
crimes as negotiators (representative members of the group),
thereby giving them the same status as ELN negotiators
Francisco Galan and Juan Carlos Cuellar. This would enable
the GOC to authorize their travel out of the country and to
enjoy access to cell phones, computers, etc.
4. (C) Deputy High Commissioner for Reintegration Maria
Eugenia Pinto said May 31 that 1,100 FARC prisoners had asked
to participate in President Uribe's proposal. She said those
selected would be transferred June 1 to a penal institution
in Chiquinquira, Boyaca department, and then within a few
days moved again to a "temporary location zone," in
Chicorral, Tolima department. On May 30, Justice and
Interior Minister Carlos Holguin said he expected up to 300
FARC prisoners to participate.
--------------
Uribe Wants to Show Commitment to Hostages
--------------
5. (C) Gonzalez told polcouns Uribe knows the FARC wants a
demilitarized zone or "despeje" and not a humanitarian
accord. Gonzalez noted Uribe will never accept a despeje, so
the FARC prisoner release is a way to show the GOC is
committed to an exchange and the FARC is not. Security force
commanders told Uribe the release of 300-400 FARC prisoners
would not change the overall security situation. Moreover,
the release of FARC prisoners would encourage FARC personnel
who want to desert from the group to do so and it would also
weaken the authority of the FARC secretariat.
6. (C) Gonzalez said Uribe's initiative was linked to a
recent phone call between Uribe and newly-elected French
President Nicholas Sarkozy. Uribe had been surprised by
Sarkozy's commitment to obtaining the release of Ingrid
Betancourt by the FARC. Leading governing coalition figure
Senator German Vargas Lleras told Charge on May 30 that
Uribe's insistence on transferring the FARC prisoners before
June 7 was tied to Sarkozy's promise to seek support for
Colombia at the June 4-7 G-8 meeting in Germany.
Drucker
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/31/2017
TAGS: KJUS MARR PGOV PHUM PINR PREL PTER CO
SUBJECT: FARC PRISONER RELEASE EXPECTED
REF: BOGOTA 3394
Classified By: Political Counselor John S. Creamer.
Reasons: 1.4 (b) and (d)
--------------
Summary
--------------
1. (C) The Presidency's Legal Advisor Mauricio Gonzalez told
polcouns May 26 the GOC was preparing a decree to regulate
the transfer and release of a significant number of FARC
prisoners. Gonzalez linked the initiative to President
Uribe's conversation with newly-elected French President
Nicholas Sarkozy; Senator German Vargas Lleras told Charge on
May 30 that Uribe's insistence on transferring the FARC
prisoners before June 7 was tied to Sarkozy's promise to seek
support for Colombia at the June 4-7 G-8 meeting in Germany.
Deputy High Commissioner for Reintegration Maria Eugenia
Pinto said May 31 the GOC would begin to transfer the
prisoners June 1. End summary.
--------------
FARC Prisoner Release Legal Framework
--------------
2. (C) Casa de Narino Legal Advisor Mauricio Gonzalez told
polcouns May 26 the GOC was preparing a decree implementing
President Uribe's proposal to release a significant number of
FARC prisoners (reftel). He said the process would involve:
(1) defining imprisoned FARC members as a group interested in
demobilizing; (2) reviewing the conduct that led to their
arrest and conviction to determine if a prisoner belonged to
the FARC, with Peace Commissioner Luis Carlos Restepo
certifying an individual as eligible; and (3) an act of
demobilization that would include a free and spontaneous
renunciation under oath of FARC membership. The oath of
renunciation would be accompanied by a commitment not to
return to the FARC or other criminal activity, participation
in a reinsertion program, and agreement to monitoring by the
Catholic Church or the Human Rights Ombudsman.
3. (C) Gonzalez said all released FARC would initially be
held in a La Ceja-type detention facility administered by
INPEC. Those FARC who were in jail only for membership in
the group could be pardoned fairly quickly under law 782 and
then released under the conditions outlined above. He said
FARC in jail for serious human rights abuses would have to
apply for relief under the Justice and Peace Law. The GOC
could also name some of the FARC guilty of human rights
crimes as negotiators (representative members of the group),
thereby giving them the same status as ELN negotiators
Francisco Galan and Juan Carlos Cuellar. This would enable
the GOC to authorize their travel out of the country and to
enjoy access to cell phones, computers, etc.
4. (C) Deputy High Commissioner for Reintegration Maria
Eugenia Pinto said May 31 that 1,100 FARC prisoners had asked
to participate in President Uribe's proposal. She said those
selected would be transferred June 1 to a penal institution
in Chiquinquira, Boyaca department, and then within a few
days moved again to a "temporary location zone," in
Chicorral, Tolima department. On May 30, Justice and
Interior Minister Carlos Holguin said he expected up to 300
FARC prisoners to participate.
--------------
Uribe Wants to Show Commitment to Hostages
--------------
5. (C) Gonzalez told polcouns Uribe knows the FARC wants a
demilitarized zone or "despeje" and not a humanitarian
accord. Gonzalez noted Uribe will never accept a despeje, so
the FARC prisoner release is a way to show the GOC is
committed to an exchange and the FARC is not. Security force
commanders told Uribe the release of 300-400 FARC prisoners
would not change the overall security situation. Moreover,
the release of FARC prisoners would encourage FARC personnel
who want to desert from the group to do so and it would also
weaken the authority of the FARC secretariat.
6. (C) Gonzalez said Uribe's initiative was linked to a
recent phone call between Uribe and newly-elected French
President Nicholas Sarkozy. Uribe had been surprised by
Sarkozy's commitment to obtaining the release of Ingrid
Betancourt by the FARC. Leading governing coalition figure
Senator German Vargas Lleras told Charge on May 30 that
Uribe's insistence on transferring the FARC prisoners before
June 7 was tied to Sarkozy's promise to seek support for
Colombia at the June 4-7 G-8 meeting in Germany.
Drucker