Identifier
Created
Classification
Origin
08BOGOTA1569
2008-04-28 23:04:00
CONFIDENTIAL
Embassy Bogota
Cable title:
MACACO EXTRADITION DEBATE CONTINUES
how-toVZCZCXYZ0005 OO RUEHWEB DE RUEHBO #1569 1192304 ZNY CCCCC ZZH O 282304Z APR 08 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 2536 INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8170 RUEHCV/AMEMBASSY CARACAS PRIORITY 0346 RUEHLP/AMEMBASSY LA PAZ APR 9401 RUEHZP/AMEMBASSY PANAMA PRIORITY 1614 RUEHQT/AMEMBASSY QUITO PRIORITY 6815 RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4413 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
C O N F I D E N T I A L BOGOTA 001569
SIPDIS
SIPDIS
FOR WHA/AND
E.O. 12958: DECL: 04/28/2018
TAGS: PGOV PTER SNAR PREL CO
SUBJECT: MACACO EXTRADITION DEBATE CONTINUES
REF: A. BOGOTA 1266
B. BOGOTA 1369
C O N F I D E N T I A L BOGOTA 001569
SIPDIS
SIPDIS
FOR WHA/AND
E.O. 12958: DECL: 04/28/2018
TAGS: PGOV PTER SNAR PREL CO
SUBJECT: MACACO EXTRADITION DEBATE CONTINUES
REF: A. BOGOTA 1266
B. BOGOTA 1369
1. (U) Supreme Court President Francisco Javier
Ricaurte--citing an April 10 Supreme Court decision--stated
in an interview on April 26 that victims have the right to
hear the confessions of demobilized paramilitaries in the
Justice and Peace Law process and receive reparations prior
to their extradition. He said even extraditions already
authorized by the Supreme Court and approved by the
President, like that of Carlos Mario Jimenez Naranjo (aka
Macaco),could not proceed without JPL judges' consent, since
they must verify truth and reparations compliance. Ricaurte
emphasized that former paramilitaries must confess their
crimes, meet their justice obligations, and pay reparations
in Colombia rather than abroad. He stressed that extradition
prior to completing the JPL process would contravene the
"spirit of the law" as well as various international
agreements.
2. (C) President Uribe publicly criticized the Supreme Court
decision on April 26, and the GOC maintains that the
executive has the legal authority under the Colombian
Constitution and Criminal Code to extradite any individual
whose extradition has already been approved by the Supreme
Court. Still, the Local Judicial Council of Cundinamarca
upheld a motion by a victims group to block Macaco's
extradition on April 22. This decision is under review by
the Superior Judicial Council. Angelino Liscano, Chairman of
the Superior Judicial Council, told us a majority of judges
favor overturning the lower court's decision. Casa Narino
legal advisor Edmundo del Castillo told us April 25 that the
Macaco extradition could occur the week of April 28.
3. (C) We have stressed to GOC officials that the
extradition of Macaco must comply with all regular
extradition procedures and documentation. Ricaurte's
comments come against a backdrop of rising tensions between
the Supreme Court and Uribe, and are a clear signal to the
executive not to proceed. If the Superior Council reverses
the lower court ruling, Uribe will have a sound legal basis
for his decision but will further exacerbate his poor
relations with the Supreme Court.
BROWNFIELD
SIPDIS
SIPDIS
FOR WHA/AND
E.O. 12958: DECL: 04/28/2018
TAGS: PGOV PTER SNAR PREL CO
SUBJECT: MACACO EXTRADITION DEBATE CONTINUES
REF: A. BOGOTA 1266
B. BOGOTA 1369
1. (U) Supreme Court President Francisco Javier
Ricaurte--citing an April 10 Supreme Court decision--stated
in an interview on April 26 that victims have the right to
hear the confessions of demobilized paramilitaries in the
Justice and Peace Law process and receive reparations prior
to their extradition. He said even extraditions already
authorized by the Supreme Court and approved by the
President, like that of Carlos Mario Jimenez Naranjo (aka
Macaco),could not proceed without JPL judges' consent, since
they must verify truth and reparations compliance. Ricaurte
emphasized that former paramilitaries must confess their
crimes, meet their justice obligations, and pay reparations
in Colombia rather than abroad. He stressed that extradition
prior to completing the JPL process would contravene the
"spirit of the law" as well as various international
agreements.
2. (C) President Uribe publicly criticized the Supreme Court
decision on April 26, and the GOC maintains that the
executive has the legal authority under the Colombian
Constitution and Criminal Code to extradite any individual
whose extradition has already been approved by the Supreme
Court. Still, the Local Judicial Council of Cundinamarca
upheld a motion by a victims group to block Macaco's
extradition on April 22. This decision is under review by
the Superior Judicial Council. Angelino Liscano, Chairman of
the Superior Judicial Council, told us a majority of judges
favor overturning the lower court's decision. Casa Narino
legal advisor Edmundo del Castillo told us April 25 that the
Macaco extradition could occur the week of April 28.
3. (C) We have stressed to GOC officials that the
extradition of Macaco must comply with all regular
extradition procedures and documentation. Ricaurte's
comments come against a backdrop of rising tensions between
the Supreme Court and Uribe, and are a clear signal to the
executive not to proceed. If the Superior Council reverses
the lower court ruling, Uribe will have a sound legal basis
for his decision but will further exacerbate his poor
relations with the Supreme Court.
BROWNFIELD