EXTRADITION OF EVER VELOZA (HH) UNDER SCRUTINY FOR

C O N F I D E N T I A L BOGOTA 002901 SIPDIS E.O. 12958: DECL: 08/05/2018 TAGS: KJUS PGOV PREL PTER CO SUBJECT: EXTRADITION OF EVER VELOZA (HH) UNDER SCRUTINY FOR JUSTICE AND PEACE LAW OBLIGATIONS Classified By: Political Counselor John S. Creamer. Reason: 1.4 (b,d) -------------- Summary -------------- ¶1. (C) On July 31, the Supreme Court approved the extradition of former paramilitary leader Ever Veloza, but included qualifying language linking his extradition to fulfillment of his Justice and Peace Law (JPL) obligations. Veloza has so far acknowledged his complicity in over 3000 murders. Human rights groups are demanding Veloza's extradition be postponed until he completes his JPL testimony. President Uribe voiced concern over what he perceives as overly lax U.S. sentences for extradited narcotraffickers, but committed to approve Veloza's extradition as soon as possible. DOJ officials pledged full coordination with Colombia's judiciary and executive on extradition, but told the Supreme Court, Ministry of Interior and Justice, and Prosecutor General (Fiscalia) that the extradited paramilitaries would ultimately decide whether to cooperate with the JPL process. End Summary. -------------- Supreme Court Approves HH Extradition -------------- ¶2. (U) On July 31, the Supreme Court approved the extradition of former paramilitary leader Ever Veloza (aka HH) for narcotrafficking. The Supreme Court decision included language that Veloza should be allowed to fulfill his JPL obligations before extradition. Veloza has acknowledged his complicity in over 3000 murders, mostly in the Cauca department. In his latest JPL testimony, Veloza testified about his involvement in the massacre of 18 people in Chogorodo, Antioquia, in 1995. He told a local daily on August 3 that he wanted to complete the JPL process and help locate his victims' remains. Veloza claimed he had only provided 50% of his information thus far in the JPL process. He speculated that if he were extradited, other former paramilitaries would hesitate to testify about their crimes. Veloza has implicated banana industry officials, Senator Juan Carlos Martinez, and former 17th Brigade officials General Rito Alejo and Colonel Byron Carvajal for colluding with paramilitaries in his public comments. -------------- -------------- NGOs Demand JPL Testimony First, Extradition Second -------------- -------------- ¶3. (U) Human rights groups, including the Colombian Commission of Jurists, Human Rights Watch, and Amnesty International, have voiced their opposition to Veloza's extradition prior to his completion of the JPL process. Human Rights Watch accused President Uribe of extraditing former AUC members to silence their testimony against the government and military officials close to the president. El Tiempo reported that Veloza sent a letter to the GOC seeking to postpone his extradition until he completed his JPL testimony. On August 4, Polo Democratico party Senator Gustavo Petro also sent a letter to Uribe demanding that Veloza's extradition be postponed. -------------- GOC Concerned about Minimum Sentencing -------------- ¶4. (C) At the Regional Summit on Counternarcotics and Security in Cartagena on August 1, President Uribe voiced concern over what he perceived as overly lenient sentences imposed by U.S. courts on extradited Colombian narcotraffickers. He told summit delegates that he opposed extradited felons, including drug traffickers, receiving minimum sentences and "living like kings." Uribe said the GOC would review if the sentences were sufficient and would consider proposing a minimum sentence requirement in extraditions. Foreign Minister Jaime Bermudez suggested including a 17 year minimum sentence requirement into the extradition agreement. Still, Uribe told DOJ officials on August 6 that he would approve Veloza's extradition as soon as possible despite his reservations on sentencing. -------------- MOIJ-DOJ pledge Coordination -------------- ¶5. (C) At a August 5 meeting with DOJ officials, Ministry of Interior and Justice (MOIJ) Minister Fabio Valencia Cossio said the GOC faced a "grave political situation" due to the controversy over the paramilitary extraditions. Valencia voiced concern over public perceptions that DOJ was impeding paramilitary testimony in the JPL process. DOJ officials assured Valencia--as they did the Fiscal General and the Supreme Court--that the USG is in no way preventing or imposing any obstacle to the defendants providing statements. DOJ made it clear that the extradited paramilitaries could testify at any time, but that U.S. defense attorneys, protecting their clients' right to remain silent under U.S. law, are instructing their clients not to give statements until they have plead guilty. DOJ reaffirmed our commitment to cooperate with Colombian judicial and executive officials to allow them access to the former paramilitary leaders. BROWNFIELD