CONGRESSWOMAN GUILTY OF TAKING BRIBES IN 2004

C O N F I D E N T I A L BOGOTA 001722

SIPDIS

E.O. 12958: DECL: 05/12/2018
TAGS: PREL PREF PTER PHUM PGOV CO
SUBJECT: CONGRESSWOMAN GUILTY OF TAKING BRIBES IN 2004
URIBE REELECTION VOTE

REF: BOGOTA 1705

Classified By: Political Counselor John Creamer
Reasons 1.4 (b) and (d)

SUMMARY
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1. (U) The Supreme Court accepted former Congresswoman Yidis
Medina's guilty plea on bribery charges related to her 2004
vote to change the Constitution to allow President Uribe's
2006 reelection. She faces a minimum of two years in prison.
The Court also sent its case files to the Prosecutor General
and Congressional Accusations Commission. The Prosecutor may
investigate Medina's allegations that several current and
former GOC officials gave her jobs and cash in exchange for
support in the reelection vote. The opposition Polo Party
asked the Accusation Commission to investigate Uribe's role
in the Medina case. Most agree the case against Uribe will
not advance, but expect the allegations to complicate efforts
to reform the Constitution to allow for a possible third
Uribe term. END SUMMARY.

COURT ACCEPT GUILTY PLEA
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2. (U) The Supreme Court on May 8 accepted former
Congresswoman Yidis Medina's guilty plea on bribery charges
in connection with her 2004 vote to change the Constitution
to allow President Uribe's 2006 reelection (reftel). Medina
admitted that she and former Representative Teodolindo
Avendano accepted jobs and cash in exchange for their support
in the reelection vote in the House of Representatives. The
Court ordered that Medina remain in custody pending
sentencing in the case. She faces a minimum sentence of two
years in prison.


SENDS CASE FILE TO FISCALIA, CONGRESS
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3. (U) The Court also sent case files to the Prosecutor
General's office (Fiscalia) and the House of Representatives'
Accusations Commission which has jurisdiction over crimes
allegedly committed by senior GOC officials including the
president, but did not ask the Commission to open an
investigation against Uribe. The opposition Polo Party
subsequently asked the Commission to investigate the
president. Medina claimed in her plea that Social Protection
Minister Diego Palacio, Prosecutor General (Fiscal) Mario
Iguaran, and ex-Interior Minister Sabas Pretelt (now GOC
ambassador in Rome),arranged for plum jobs for Medina's
supporters. She also claimed that Uribe offered to assist
with "the needs in my region, or whatever I would like."
Iguaran has recused himself from the investigation.


INVESTIGATION OF URIBE UNLIKELY TO ADVANCE
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4. (C) The Accusations Commission lacks its own investigative
capacity, and has some cases dating back to the 1980s. With
Uribista parties controlling a solid majority on the
Commission, few expect the case against Uribe to go far.
Judicial Council Magistrate Angelino Lizcano told us the
Commission would likely dismiss any case against Uribe after
a brief, preliminary investigation due to lack of evidence.
Senior opposition Liberal Party official Rafael Pardo
concurred that the charges against Uribe would not advance.


BUT COULD COMPLICATE THIRD TERM EFFORT
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5. (C) Still, Liberal Party Representative Guillermo Rivera
said opposition members may boycott the Commission to show
dissatisfaction with the politicized nature of the
Commission. Lizcano warned that the Opposition will use
Medina's allegations to question the legitimacy of Uribe's

reelection, and will carefully scrutinize efforts to reform
the Constitution to allow for a possible third Uribe term.
Presidential advisor Jose Obdulio Gaviria agreed that
Medina's allegations would complicate any plans for a second
reelection effort.
BROWNFIELD