AMBASSADOR BROWNFIELD'S SEPTEMBER 26 MEETING WITH

C O N F I D E N T I A L BOGOTA 007104

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/03/2017
TAGS: PGOV KJUS PINR PHUM PTER CO
SUBJECT: AMBASSADOR BROWNFIELD'S SEPTEMBER 26 MEETING WITH
MINISTER OF INTERIOR AND JUSTICE CARLOS HOLGUIN

REF: A. A) BOGOTA 6020

B. B) BOGOTA 6932

Classified By: Ambassador William R. Brownfield Reason: 1.4(b,d)


1. (C) Summary: Minister of Interior and Justice (MOIJ)
Holguin told the Ambassador on September 26 that the Justice
and Peace Law (JPL) process faced difficult challenges as it
addresses the legal status of 18,000 rank and file
demobilized paramilitary. The recent victims protection
decree will reinforce key commitments under the JPL. Holguin
said the GOC needs additional evidence to build a case for
extraditing Diego Fernando Murillo (aka "Don Berna"). He also
expressed appreciation for USAID,s Casas de Justicia program
which provides access to justice for vulnerable populations.
End summary.


2. (C) At a September 26 meeting with the Ambassador, MOIJ
Carlos Holguin said JPL implementation remains challenging,
with the status of 18,000 rank and file paramilitaries in
judicial limbo. The 18,000, who have not committed serious
human rights or drug trafficking violations, had sought
pardons for United Self-defense Forces of Colombia (AUC)
membership under Law 782 and the JPL. The Supreme Court
ruled July 11 that these paramilitaries had allegedly
committed political crimes, making them ineligible for
pardons. A GOC bill under consideration in Congress would
fix this problem by charging them with "simple conspiracy," a
crime that can be pardoned under 782. The MOIJ and Fiscalia
viewed attempts to initiate criminal investigations against
the 18,000 as impractical and a distraction from the original
goal of investigating the 2,978 paramilitaries seeking JPL
benefits.


3. (C) The Ambassador said that the new victims, protection
program (Decree 3570 announced on September 18) made positive
progress towards protecting the 80,000 victims registered
under the JPL. He encouraged MOIJ to proceed quickly with
implementation of the decrees. He underscored the importance
of seeking areas where we can work together on victims,
protection and encouraged the Ministry to increase visibility
and public awareness on these positive efforts. Holguin
responded that the MOIJ had the bulk of responsibility in
ensuring the success of the decree and welcomed U.S. input.


4. (C) In response to the Ambassador,s inquiry on the
extradition status of Don Berna, Holguin said the GOC needs
additional evidence showing Murillo continued his criminal
activity after his demobilization. In addition, the GOC must
proceed with care on such sensitive cases, and continue its
overarching goal to dismantle the narcotrafficking business
and continue capturing key drug dealers like Diego Leon
Montoya Sanchez (aka "Don Diego"). The Ambassador urged
Holguin to maintain open communication with the EMBASSY so we
remain clear on next steps as this case develops.


5. (C) Holguin expressed appreciation for the Embassy,s
strong support of justice programs, highlighting USAID,s
Casas de Justicia program which provides access to justice
for vulnerable populations. USAID has provided $317,000
toward the construction of two new Casas de Justicia in
Segovia and Itagui, with the MOIJ contributing another
$200,000. He suggested that the Ministry and EMBASSY plan
working-level meetings soon to review the status of this
project and other areas for collaboration.
Brownfield