HIGH COURTS OPPOSE GOC JUDICIAL REFORM PROPOSAL

C O N F I D E N T I A L BOGOTA 002891 SIPDIS E.O. 12958: DECL: 08/06/2018 TAGS: KJUS PGOV PREL PTER CO SUBJECT: HIGH COURTS OPPOSE GOC JUDICIAL REFORM PROPOSAL AFFECTING PARAPOLITICIAN INVESTIGATIONS Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d) ¶1. (C) Summary: The Supreme Court and other high court judges oppose a judicial reform package proposed by Justice and Interior Minister Fabio Valencia on July 29. The proposal would--among other reforms--apparently transfer authority to conduct criminal investigations of legislators from the Supreme Court's Criminal Chamber to the Prosecutor General's Office (Fiscalia). The Bogota Superior Tribunal Court would act as trial court, with the Supreme Court's Criminal Chamber serving as the appellate forum. Valencia said the reform would "depoliticize" the courts and address concerns that the current lack of an appellate forum for legislators violates their due process rights. Supreme Court President Ricaurte criticized the proposal as "inopportune" since the Court continues to investigate para-politicians. Former Finance Minister Rudolf Hommes said the reform aims to "spring para-politicians from jail." The GOC plans to submit the proposal to Congress on August 15, but GOC coalition Senator Efrain Cepeda told us he expects the bill to "get tangled up" in Congress. End Summary. ¶2. (U) The Supreme Court announced on July 31 that it opposes the judicial reform package proposed by Justice and Interior Minister (MOIJ) Fabio Valencia Cossio on July 29. A key element of the package includes apparently transferring authority to investigate legislators from the Supreme Court's Criminal Chamber to the Fiscalia. The Criminal Court of the Bogota Superior Tribunal would act as trial court, with the Supreme Court's Criminal Chamber acting as an appellate body. The package also raises magistrates' promotion and retirement ages; changes the nomination process of high court judges, the Inspector General (Procurador) and other officials; extends the terms of senior judicial officials and magistrates, and shifts the authority to discipline legislators from the Inspector General's Office (Procuraduria) to the High Counsel of the Judiciary. Incoming MOIJ Vice Minister Gilberto Orozco said the GOC plans to submit the proposal to Congress on August 15. ¶3. (U) Supreme Court President Francisco Ricaurte criticized the reform as "inopportune," alleging that despite a GOC assurance that it would not be retroactive, it would undermine the Court's ongoing investigations of legislators with paramilitary ties. High Council of the Judiciary (CSJ) Hernando Torres, whose body would be abolished by the reform, questioned Valencia's motives and urged the MOIJ to clarify its proposal. Constitutional Court President Humbierto Sierra said the court would review the proposal only after it receives the complete text, including a thorough analysis of the reforms' necessity and impact. Inspector General Edgardo Jose Maya criticized the initiative for altering the balance of power among government institutions without addressing key issues such as common citizens' access to justice. ¶4. (C) Former Vice-President and chair of the Commission on Institutional Adjustment set up by the GOC to advise it on political reform Humberto de la Calle told us the proposed judicial reform rejiggers the judicial machinery to meet the political class' needs while ignoring citizens' complaints about interminable judicial procedures and lack of access. He said the reform fails to resolve the turf battle between the Supreme and Constitutional Courts over judicial review--the origin of the tensions between Uribe and the Supreme Court--and complained that provisions extending magistrates' terms and altering their selection process would consolidate Uribe's control of the judiciary. Former Finance Minister and Uribe supporter Rudolf Hommes publicly charged the reform aims to "spring para-politicians from jail" and implied the reform is linked to Uribe's reelection ambitions. ¶5. (C) Valencia welcomed the debate over the reform package, and claimed it would "depoliticize" the judiciary, reaffirm its independence, and address a recent Constitutional Court decision that the lack of an appellate forum for legislators violates their due process rights. The Constitutional Court called on the Supreme Court to create an appellate unit to provide legislators due process. Valencia said the GOC hopes to achieve consensus with the Courts on the reform, and reiterated his commitment to improve executive-judicial relations. Still, de la Calle doubted there could be a lasting rapprochement between the Supreme Court and the executive, noting the executive wants a deal with the Court on parapolitical prosecutions which is not possible. ¶6. (C) Conservative Party Chief Senator Efrain Cepeda, a reliable GOC congressional ally, told us the proposal would likely "get tangled up" in Congress. He expects the August 15 presentation date to slip, since the GOC has not done any prior consultation with Congressional leaders. Historically, he said, Congress has sought to consult with the Courts on any judicial reform bill. Without some kind of consensus among the Congress, GOC, and the Courts, he does not expect the project to move forward. BROWNFIELD