UNITED NATIONS WEIGHS IN ON URIBE-SUPREME COURT

C O N F I D E N T I A L BOGOTA 003359 SIPDIS E.O. 12958: DECL: 09/08/2018 TAGS: PGOV PREL PTER PHUM KJUS CO SUBJECT: UNITED NATIONS WEIGHS IN ON URIBE-SUPREME COURT FEUD REF: BOGOTA 2891 Classified By: Political Counselor John Creamer Reasons 1.4 (b and d) SUMMARY -------------- ¶1. (C) UN rapporteur for Judicial Independence Leandro Despouy used his participation in a judicial conference in Cartagena organized by Colombia's judiciary to voice concern over tensions between President Uribe and the Supreme Court. At the conference, Supreme Court President Ricaurte complained that Uribe's constant verbal attacks on the Court threaten its independence. Uribe criticized Despouy for commenting on Colombia's internal affairs without hearing the GOC's side of the story.Despouy later met with Uribe and other top GOC officials, and said Colombia's institutions are healthy enough to resolve the row without UN intervention. Still, Presidential adviser Jose ObdulioGaviria told us the executive-judicial conflict would continue because Uribe is in no mood to "surrender" to a court he believes is in league with the opposition. End Summary. UN "WORRIED" BY RICAURTE CLAIMS -------------- ¶2. (U) Supreme Court President Javier Ricaurte, along with the presidents of Colombia's other high courts, met with UN judicial envoy Leandro Despouy on September 4 in Cartagena to complain that President Uribe's verbal agression against the Courts threaten their "independence." Despouy told the media he is worried by Ricaurte's claims and noted his perception that the executive-court conflict was worsening. Both sides, he claimed, had eschewed dialogue and were feuding through the media. Despouy, who was attending a judicial conference in Cartagena at the invitation of the Colombian judiciary, said he would continue to monitor the situation, but added that he was not in Colombia on an official UN mission. ¶3. (U) PresidentAlvaro Uribe criticzedDespouy's statements, saying the UN representative should "properly study the issues before making statements that make the country appear suspicious." Uribe suggested that Ricaurte apologize for his claims, and reiterated that Colombia's democracy respects judicial independence. He blasted Ricaurte for claiming the GOC's proposed judicial reform package (reftel) could lead to impunity for para-politicians. Uribe chastised the Court for its "slowness" in investigating Colombia politicians with alleged ties to the FARC. He also criticized the Court for insisting that Yidis Medina--convicted of accepting bribes in Uribe's first reelection effort--be placed in house arrest, noting that she also faces kidnapping charges. GOOD UN-URIBE MEETING -------------- ¶4. (U) Despouy met for several hours on September 8 with Uribe, Justice and Interior Minister Fabio Valencia Cossio, and Foreign Minister Jaime Bermudez, and later told the press he was confident that Colombia's judicial institutions remain independent. Both sides would find adequate institutional channels to resolve the problem, he added. Despouy declined to offer an opinion on the judicial reform proposal, saying the issue was an internal Colombian matter. Still, he suggested that Colombia's judiciary should be involved in any judicial reform effort, and he reiterated his offer to serve as a mediator between the branches to help reduce tensions. CASA DE NARINO IN NO MOOD TO COMPROMISE -------------- ¶5. (C) Presidential adviser Jose ObdulioGaviria told us Uribe's battles with the Supreme Court would continue. He dismissed Vice President Francisco Santos' call for an executive-judicial truce, saying Uribe is in no mood to "surrender" to a court in league with Marxists and the opposition. Gaviria added that Ricaurte has been on television more than most presidential candidates, and claimed that human groups from Europe and the United States have manipulated the court issue to try to discredit the GOC. ¶6. (C) President of the House of Representatives, Representative German Baron, also said the Uribe-Court tensions would likely worsen. He added that the Uribe-Court conflict would likely become more personal and nasty in coming months as Uribe's controversial judicial reform bill and legislation providing for a referendum on a constitutional amendment that would allow for a possible third Uribe term slogged through the Congress--all to the detriment of Uribe, the Courts, Congress, and Colombia. NICHOLS