ICC PROSECUTOR MORENO'S VISIT TO COLOMBIA

C O N F I D E N T I A L BOGOTA 003304 SIPDIS E.O. 12958: DECL: 09/03/2018 TAGS: PGOV PREL PTER PHUM KJUS CO SUBJECT: ICC PROSECUTOR MORENO'S VISIT TO COLOMBIA REF: BOGOTA 003193 Classified By: Political Counselor John Creamer Reasons 1.4 (b and d) SUMMARY -------------- ¶1. (C) Luis Moreno Ocampo, chief prosecutor for the International Criminal Court (ICC),visited Colombia August 25-27 to review progress on the prosecution of those responsible for crimes against humanity. Moreno questioned whether the GOC's extradition of 15 former paramilitary leaders to the United States would obstruct the prosecution of human rights violators, including politicians tied to the former paramilitaries, and said the ICC would monitor this issue. Moreno's public comments suggest he believes Colombia's judiciary is capable of ensuring justice, but he urged Colombia to begin convicting key paramilitary leaders. He also called on the Swiss government to investigate allegations of a Swiss-based FARC support network. Presidential Human Rights Program director Carlos Franco agreed Moreno's visit went well, but voiced concern that Moreno faces pressure to intervene in a country outside of Africa. End Summary. MORENO CHECKS PROGRESS AGAINST ARMED GROUPS -------------- ¶2. (U) Luis Moreno Ocampo, chief prosecutor for the International Criminal Court (ICC),visited Colombia between August 25-27 as part of the ICC's ongoing monitoring of the investigation and prosecution of crimes against humanity by armed groups in the country. Moreno told the GOC before his visit that his primary concerns were to assure trials for those with the greatest responsibility for crimes against humanity--including members of Congress and other political leaders with ties to former paramilitary groups--and to find out whether the GOC's extradition of 15 former paramilitary leaders to the United States in May has impeded that process. ¶3. (U) Moreno clarified that the ICC has not taken any decisions on whether to open a formal investigation of any individuals in Colombia. Press reports prior to the visit indicated that Moreno would also examine allegations of international support for the FARC that could fall under the Court's jurisdiction. The Colombian media reported that Moreno is managing investigations in the Democratic Republic of the Congo, Northern Uganda, Sudan, and the Central African Republic. MEETS WIDE RANGE OF OFFICIALS/GROUPS -------------- ¶4. (U) Moreno participated in a legal forum examining Colombia's judicial investigations and international standards, where he said the GOC should prioritize the investigation and trial of those responsible for the most serious crimes. Accompanied by Spanish judge Baltazar Garzon--known for his attempts to extradite former Chilean dictator Augusto Pinochet to Spain--Moreno also met with local judicial authorities, GOC officials, and human rights groups, and attended the exhumation of a mass grave of paramilitary victims in the Uraba region of Antioquia. ¶5. (U) In Uraba, Moreno also revealed his plans to study evidence on FARC links in the region based on information found on the "Raul Reyes" hard drives. Garzon suggested the 15 paramilitary leaders should be temporarily repatriated to help parapolitical investigations. Local press reported that human rights groups representing paramilitary victims gave Moreno evidence linking 130 members of Congress to former paramilitaries, but the groups refused to make the list public. FORMAL INVESTIGATION APPEARS UNLIKELY -------------- ¶6. (C) Moreno's upbeat tone in wrap-up interviews with leading dailies El Pais and Nuevo Siglo suggests he will not recommend that the ICC initiate formal investigations of any Colombians at this time He noted that Colombia possesses a nationwide consensus against political violence and the institutional framework to pursue offenders--both lacking in the countries currently under ICC investigation. Moreno noted that Supreme Court magistrates had assured him that they are capable of proceeding with the para-political investigations despite the recent conflict between President Uribe and the Supreme Court (see reftel). He said Uribe had promised to respect the independence of the judicial branch and to work to settle his differences with the Court. ¶7. (U) Moreno said the most important next step will be Colombia's conviction and sentencing of former paramilitary leaders and their supporters. This would show that nobody is above the law and would help Colombian society reach closure. He noted that the ICC would monitor the extent to which the GOC and the United States ensure that the extradited paramilitary leaders cooperate with investigators. Colombian prosecutors, judges, and victims' groups expressed their worry that the extraditions would impede further investigations. Moreno said the ICC has the ability to pursue cases against financial or political backers--not just against those who committed atrocities. ¶8. (C) Presidential Human Rights Program director Carlos Franco agreed Moreno's visit went well. The prosecutor remains concerned that executive-judicial tensions and the paramilitary extraditions may adversely impact the prosecution of human rights abuses, but also recognizes the strength of Colombia's judicial institutions. Still, Franco said the GOC fears that Moreno faces substantial international pressure to maintain geographic balance by prosecuting crimes in a country outside of Africa. Moreover, some local groups are working with European human rights groups to press him to intervene in Colombia. Franco voiced concern that these pressures might lead Moreno to eventually seek to prosecute individuals in Colombia. MORENO TO SWISS: INVESTIGATE THE FARC -------------- ¶9. (U) Moreno called on the Swiss government to investigate Omar Arturo Zabala Padilla, a Colombian resident of Switzerland whom the GOC accuses of being the FARC's primary facilitator in Europe. Moreno on September 3 said he had sent a letter to the Swiss government stating that the ICC may open a formal investigation into possible FARC money laundering networks in Switzerland and could issue arrest warrants if the Swiss government did not conduct its own investigation. NICHOLS