Identifier
Created
Classification
Origin
07BOGOTA5742
2007-08-06 23:13:00
CONFIDENTIAL
Embassy Bogota
Cable title:
PROSECUTOR GENERAL MOVES TO INSULATE PARAPOLITICAL
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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)
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
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