Identifier
Created
Classification
Origin
07BOGOTA6020
2007-08-16 22:27:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

URIBE PROPOSES BILL TO CHARGE PARAS FOR CRIMINAL

Tags:  KJUS PGOV PREL PTER CO 
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TO RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
RUEHCV/AMEMBASSY CARACAS PRIORITY 9241
RUEHLP/AMEMBASSY LA PAZ PRIORITY 8875
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RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
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RHEFDIA/DIA WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
C O N F I D E N T I A L BOGOTA 006020 

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/16/2017
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: URIBE PROPOSES BILL TO CHARGE PARAS FOR CRIMINAL
CONSPIRACY INSTEAD OF SEDITION

REF: BOGOTA 5530

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 006020

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/16/2017
TAGS: KJUS PGOV PREL PTER CO
SUBJECT: URIBE PROPOSES BILL TO CHARGE PARAS FOR CRIMINAL
CONSPIRACY INSTEAD OF SEDITION

REF: BOGOTA 5530

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)


1. (U) On August 15, Interior and Justice Minister Carlos
Holguin officially presented a bill in Congress that would
charge the 18,000 demobilized paramilitaries--who have been
in legal limbo since the July 11 Supreme Court that para
crimes were common, not political offenses--with "simple
conspiracy." This would allow the Prosecutor General's
Office to exercise its discretion to dismiss the cases,
thereby enabling these rank and file paramilitaries to be
eligible for demobilization under Law 782. The bill excludes
paramilitary leaders who have committed serious human rights
crimes, legislators who cooperated with the AUC, or drug
traffickers.


2. (U) The announcement comes after weeks of debate among
the executive, judicial, and legislative branches following
the Supreme Court's July 11 decision. The ruling removed the
legal basis for pardoning the 18,000 for their membership in
the AUC. President Uribe submitted the bill for urgent
consideration by Congress, meaning a vote should occur within
two months. By opting for the 'simple conspiracy approach,
the GOC defused its politically costly clash with the Supreme
Court over what constitutes a political crime.


3. (C) Legislative Consultant Cesar Barrera Avila told us
two months are sufficient time for Congress to debate the
bill. He predicted the GOC will easily get the majority vote
needed to pass the measure. Juan Carlos Garzon, head analyst
for the OAS, agreed this was a timely move that would
preserve the legal framework for the paramilitary peace
process.
Nichols

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