PROSECUTOR GENERAL MOVES TO INSULATE PARAPOLITICAL

C O N F I D E N T I A L BOGOTA 005742 SIPDIS SIPDIS E.O. 12958: DECL: 08/06/2017 TAGS: KJUS PGOV PREL PTER CO SUBJECT: PROSECUTOR GENERAL MOVES TO INSULATE PARAPOLITICAL CASES FROM POLITICAL PRESSURE REF: BOGOTA 2464 Classified By: Political Counselor John S. Creamer. Reason: 1.4 (b,d) ¶1. (U) On August 6, the Supreme Court's Criminal Chamber of Appeals announced it will select a judge in Bogota to try former Sucre Department Senator Jairo Merlano who is accused of collaborating with paramilitary groups. This follows the November 28, 2006 decision by the Supreme Court--at the request of the Prosecutor General's Office (Fiscalia)--to transfer the case from a local court in Sincelejo, Sucre, to a criminal court in Bogota. The Fiscalia requested the change of venue due to concerns the Sincelejo court could be subjected to political pressure. ¶2. (U) The Court also approved Fiscalia's the request to transfer the cases of former legislators Alvaro Araujo Castro and Luis Carlos Ordosgoitia from local courts in Cesar department to Bogota. Merlano, Araujo and Ordosgoitia had renounced their congressional seats--and hence their &parliamentary immunity"--apparently believing they would receive more favorable treatment from local judges than from the Supreme Court. The Supreme Court--citing previous jurisprudence--rejected arguments by Human Rights Watch and other human rights groups that the Court should not allow the legislators to renounce their immunity. The Fiscalia's decision to seek the changes in venue should help insulate the cases from political pressure. ¶3. (C) Sucre grassroots activist and Polo Democratico candidate for state assemblyperson Jackeline Moguera told us the arrests of Senators Merlano and Garcia, as well as numerous other local elected officials, have opened a space for new political voices to be heard (reftel). Until the paramilitary demobilization two years ago, Sucre was dominated by paramilitaries and their political allies. Moguera said the demobilization broke local para-politicians' military power, but noted they still have substantial economic resources. In Sucre, jailed politicians such as Garcia are funding the campaigns of new political faces to try and maintain their power. She said the Polo Democratico and elements within the Liberal Party are challenging these groups, but the funding imbalance makes this an uphill battle. Nichols