FISCALIA SPECIAL COMMISSION INVESTIGATING

C O N F I D E N T I A L BOGOTA 008080

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/22/2016
TAGS: PHUM PGOV KJUS CO
SUBJECT: FISCALIA SPECIAL COMMISSION INVESTIGATING
EXTRAJUDICAL KILLINGS

REF: BOGOTA 7623

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

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SUMMARY
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1. The Prosecutor General's office (Fiscalia) has sent a
special commission to Antioquia, Cordoba, and four other
departments to review the backlog of alleged extrajudicial
killing and to spur action on investigations. Human Rights
unit prosecutor William Arteaga--based in Medellin--heads the
commission and told us it is examining 160 alleged
extrajudicial killings in Antioquia and 34 more in Cordoba.
He voiced concern that recent cases in Cordoba reflect a
disturbing pattern in which soldiers claim dead peasants as
FARC to earn leave, promotions, or other benefits. Arteaga
confirmed the commission is investigating recent
extrajudicial killings in Cordoba that have been highlighted
by the United Nations High Commission for Human Rights in
Colombia (UNHCHR) and the OAS Mission in Support of the Peace
Process (MAPP/OAS). End Summary.

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FISCALIA SPECIAL COMMISSION AIDING IN CASES
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2. (C) Fiscalia Human Rights unit prosecutor William Arteaga,
who heads the unit's Medellin office, told us November 9 that
the Fiscalia has created two special commissions--one in
Medellin and the other in Villavicencio--to review the
backlog of cases of alleged extrajudicial killings and to
spur progress on investigations. Arteaga heads the Medellin
commission which is tasked with following up on cases in
Antioquia, Cordoba, Sucre, Choco, Caldas and Risaralda
departments. The commission, made up of seven prosecutors
and seven assistant prosecutors, is examining 160 cases in
Medellin and 34 cases in Cordoba, and will visit Cordoba from
November 13-23 to review cases. Arteaga said given its
legacy as the birthplace of paramilitarism, Cordoba is a
difficult place to work. Many local prosecutor are reluctant
to aggressively investigate military personnel alleged to
have committed extrajudicial killings due to fear of military
or criminal retaliation.

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CORBODA ARRESTS FOR "FALSE POSITIVES"
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3. (SBU) Arteaga said the Fiscalia is investigating several
high profile killings in Cordoba. The Fiscalia has detained
Lieutenant Edgar Santos and five soldiers under his command
for their alleged involvement in the deaths of two young men
from Caucasia, Antoquia. The two men, Jhon Freddy Carmargo
(age 17) and Darwin Rivera (age 20),were recruited by
Jhonathan Barrios, alias "Carmelo", on February 17, 2006 to
work on a farm near Monteria, Cordoba. Five and half hours
after leaving by taxi for Monteria, the two men were found
dead, dressed in camouflage uniforms. The 11th Brigade later
claimed the two as FARC killed in combat (bajas). The
Fiscalia has testimony from a friend of Carmargo implicating
the military. Camargo's friend received the same job offer
but turned it down.


4. (C) Arteaga told us the murders of Camargo and Rivera
reflect a disturbing pattern in which soldiers kill
civilians, usually poorly educated peasants, to inflate their
"kills" to earn leave, promotions, or other benefits. He
cited another incident in which soldiers apparently shot and
killed several passengers, including the brother of former
congresswoman and paramilitary associate Leonor Pineda,
traveling on a rural road in Cordoba. Arteaga said the
Fiscalia's investigation of these cases is impeded by
military courts' efforts to claim jurisdiction over the
incidents. In the Camargo case, the 29th Military Justice
court said the arrests ordered by the Fiscalia were too
"forward leaning" given that jurisdiction had not yet been
resolved. Still, Arteaga praised Military Criminal Justice
Director Luz Marin Gil's work to ensure military courts
accept the Fiscalia's jurisdiction, noting that her personal
intervention has successfully resolved several jurisdictional
disputes.

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TULO VIEJO CASE EXAMPLE
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5. (C) Arteaga said the Camargo and Rivera killings resemble
another recent apparent case of extrajudicial killings
involving eleven young men from Tulo Viejo, Sucre (reftel).
Victims' families confirmed to us on October 29 in Cordoba
that the young men were offered work on a local farm, only to
be later claimed as kills by the Cordoba-based 11th Brigade.
Cordoba OAS/MAPP coordinator Patricia Rodriguez told us they
believe the cases were extrajudicial killings, and the
families have asked that the cases be investigated by special
prosecutors from Bogota, fearing a lack of a fair
investigation in Cordoba/Sucre. Arteaga told us the
commission is investigating the case. The local UNHCHR
office is also tracking the investigation.
Brownfield