SUPREME COURT AND JUDICIAL COUNCIL DECISIONS

UNCLAS BOGOTA 001369

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL CO SNAR PGOV
SUBJECT: SUPREME COURT AND JUDICIAL COUNCIL DECISIONS
AFFECT MACACO EXTRADITION

REF: BOGOTA 1266


1. Summary: A week after the Supreme Court approved the
extradition of former AUC leader Carlos Mario Jimenez Naranjo
(aka "Macaco"),the High Judicial Council issued a temporary
injunction blocking it in response to a motion filed by a
victims group. The motion argued that Macaco should remain in
Colombia to be held accountable for his crimes under the
Justice and Peace Law (JPL) process. In an unrelated case
involving a demobilized paramilitary mid-level member, the
Supreme Court separately ruled that all demobilized
paramilitary members who committed human rights violations
and are participating in the JPL could not be extradited
until they complete the process. Ministry of Interior and
Justice (MOIJ) officials reiterated their commitment to
extraditing Macaco while addressing victims' concerns for
justice. End Summary.


2. On April 10, the High Judicial Council issued a temporary
injunction blocking the extradition of former AUC leader
Carlos Mario Jimenez Naranjo (aka "Macaco"),the first
high-level AUC leader and participant in the JPL process to
be extradited. President Uribe and the Supreme Court
authorized Macaco's extradition last week, and he has already
been transferred to a maximum security prison in Boyaca.
Macaco has already participated in ten sessions of voluntary
confessions admitting to over 500 crimes, but the National
Movement of Victims of State Crimes filed the motion,
claiming that Macaco's extradition would prevent him from
being held accountable for justice, truth, and reparations to
victims. The Council has ten business days to review the
arguments in the motion and make a decision.


3. Also on April 10, the Supreme Court scheduled a last
minute hearing to consider an appeal by the Prosecutor
General's Office and Inspector General's Office of decision
by a JPL court denying the exclusion of a mid-level
demobilized member who had continued to commit crimes after
his demobilization. The Court went beyond the immediate issue
-- that of examining the eligibility requirements of a
specific individual -- to deliver a sweeping ruling that all
demobilized paramilitary members who committed human rights
violations and are participating in the JPL process cannot be
extradited until they fulfill their obligations, including
confessing their crimes and making reparations. The decision
was based on the judgment that JPL obligations and judicial
processes for human rights crimes take precedence over
international judicial cooperation, including extradition.


4. MOIJ Minister Carlos Holguin warned that extraditables
were playing upon victims' fears and manipulating the legal
system to avoid extradition. He reiterated that the
Colombian Constitution and Penal Code give the President and
Supreme Court full authority on extraditions. He underscored
the GOC's continued commitment to extraditing Macaco while
pursuing truth, justice, and reparations for victims. Vice
Minister Guillermo Reyes said he believed the Supreme Court
decision was intended for future cases, not Macaco's
extradition. The GOC will take all measures to guarantee
victims' rights and continue collaborating with the USG to
ensure justice is served.
BROWNFIELD