COLMIL RELIEVES COLONEL OF COMMAND FOR

C O N F I D E N T I A L BOGOTA 000696 SIPDIS SIPDIS E.O. 12958: DECL: 01/29/2017 TAGS: PGOV PHUM PTER CO SUBJECT: COLMIL RELIEVES COLONEL OF COMMAND FOR PARAMILITARY TIES; PROSECUTOR GENERAL OPENS INVESTIGATION Classified By: Political Counselor John Creamer. Reasons: 1.4 (b) and (d). -------------- SUMMARY -------------- ¶1. (SBU) On January 26, Minister of Defense Juan Manuel Santos relieved Colonel Hernan Mejia Gutierrez, a highly decorated officer, from command of the 13th Mobile Brigade due to allegations tying him to former paramilitary leader Jorge 40. Military Criminal Justice authorities transferred their Mejia investigation to the Prosecutor General's Office Human Rights Unit, which is also investigating 31 soldiers formerly under his command in "La Popa" Battalion for human rights abuses. Mejia has never been vetted by the U.S., either individually or as part of a unit. End Summary. -------------- MOD SANTOS RELIEVES COLONEL OF COMMAND -------------- ¶2. (SBU) On January 26, Minister of Defense Juan Manuel Santos relieved Colonel Hernan Mejia Gutierrez, a highly decorated officer, from command of the 13th Mobile Brigade due to allegations linking him to former paramilitary leader Rodrigo Tovar, aka "Jorge 40." The allegations mainly occurred during Mejia's 2002-04 tenure as commander of "La Popa" Battalion in Valledupar, Cesar. After learning of the allegations against Mejia, Santos ordered Military Criminal Justice authorities to review the case. On January 22, they transferred Mejia's case to the Prosecutor General's Office, which assumed control of the investigation. The Inspector General's Office has also opened a disciplinary action against Mejia. Lt. Colonel Juan Carlos Gomez, head of the MOD's human rights unit, told us Mejia has not been suspended or dismissed from the military, but he will be effectively kept out of service until the investigations by the Prosecutor General and Inspector General's offices conclude. Santos' announcement of the charges against Mejia was the first time a defense minister has publicly recognized an active military officer's ties to paramilitary groups. -------------- -------------- "LA POPA" BATTALION AND ALLEGATIONS OF HUMAN RIGHTS ABUSES -------------- -------------- ¶3. (U) Santos explained that in addition to paramilitary ties, Mejia could be charged with corruption and complicity in extrajudicial killings. There are numerous allegations of human rights abuses against "La Popa" Battalion, and the Prosecutor General's Office apparently has evidence that the Battalion falsely presented civilians as enemy combatants killed in action during Mejia's command. Incidents in question include the 2004 killings of Juan Daza and indigenous leader Victor Hugo Maestre Rodriguez. Allegations of extrajudicial killings also include a 2002 military operation that had reportedly resulted in the deaths of 19 National Liberation Army (ELN) guerrillas. According to witness testimony, however, the 19 victims were paramilitaries sentenced to death by their commander, David Hernandez Rojas, aka "39," and executed by soldiers selected by Mejia. Press reports indicate that family members confirmed the victims' paramilitary affiliation but have not gone public for fear of retribution. -------------- HUMAN RIGHTS UNIT HANDLING MEJIA CASE -------------- ¶4. (C) Leonardo Cabana, director of the Prosecutor General's Human Rights Unit, told us his office had assumed responsibility for the case against Mejia. His unit was also handling cases against 31 soldiers from "La Popa" Battalion, 10 of whom were currently on trial and 21 of whom were in preventive detention. The Human Rights unit is currently evaluating the credibility of the principal witness, Edwin Guzman Cardenas, a retired noncommissioned officer and 18-year veteran formerly under Mejia's command. The press reports that Guzman was imprisoned for arms trafficking, and then allegedly worked with paramilitary groups before deciding to abandon illegal activities. -------------- MORE REVELATIONS TO COME? -------------- 5, (U) The principal witness against Mejia has also reportedly alleged that retired General Rito Alejo del Rio, commander of the 17th Brigade between 1994 and 1996, had close paramilitary ties. The witness claimed del Rio was called "the father of the AUC" because he had provided uniforms, military training, and battlefield mobility to paramilitary forces. Then-Prosecutor General Camilo Osorio dismissed charges against del Rio in 2004. We revoked his U.S. visa in 1999 due to human rights and narcotrafficking concerns. ¶6. (U) The action against Mejia, and the testimony implicating Rito Alejo del Rio, may spark further revelations of past and present military-paramilitary ties. President Uribe, Defense Minister Santos, and COLMIL Commander General Padilla de Leon recently condemned any military-paramilitary links and said any personnel implicated in such acts will be punished. In a December 2006 speech at Colombia's war college, Uribe urged members of the military to reveal any paramilitary ties. In a January 29 op-ed in "El Tiempo," Padilla de Leon stressed that respect for human rights and international humanitarian law is the backbone of the GOC's "Defense of Life" policy. He said,"There is no question that it is better that one or a 100 guerrillas demobilize rather than be killed." Padilla de Leon also wrote, "Military personnel must respect the Geneva Conventions and all humanitarian laws that democracies have emphasized." -------------- MEJIA NOT A VETTED COMMANDER -------------- ¶7. (SBU) Mejia has never been vetted under the Leahy Amendment, either individually or as part of a unit. "La Popa" Battalion, which Mejia commanded until 2004, has not been vetted due to the numerous allegations of human rights abuses against it. The 13th Mobile Brigade, which Mejia was commanding when he was relieved from duty, was vetted in February 2006. He joined the brigade after this date; we have no reports that the 13th Mobile Brigade was involved in human rights violations after Mejia assumed command. WOOD