SPECIAL PROSECUTOR'S TEAM TO INVESTIGATE SOACHA

S E C R E T BOGOTA 003686 SIPDIS E.O. 12958: DECL: 08/16/2017 TAGS: PHUM PGOV KJUS CO SUBJECT: SPECIAL PROSECUTOR'S TEAM TO INVESTIGATE SOACHA DEATHS REF: A. BOGOTA 3625 ¶B. BOGOTA 1602 Classified By: Deputy Chief of Mission Brian A. Nichols Reasons: 1.4 (b and d) ¶1. (S) Summary: Vice President Francisco Santos announced on September 30 the creation of a special Prosecutor General (Fiscalia) team to investigate the deaths of 19 men reported killed in combat by the Army only days after they went missing in Soacha. Defense Minister Juan Manuel Santos also set up a separate commission chaired by a senior general to investigate and make policy recommendations. Santos has delayed decisions on senior military promotions until the commission completes its report later this month. Based on preliminary information as well as similar incidents elsewhere, the Prosecutor General's Office (Fiscalia) and United Nations High Commission for Human Rights (UNHCHR) officials believe officers from the 30th and 15th Mobile Brigades--as well as a counter-guerrilla battalion--directed the Soacha killings. Vice Defense Minister Sergio Jaramillo fears the murders reflect some commanders' continuing resistance to policy changes instituted by Defense Minister Santos aimed at favoring captures and demobilizations over combat kills (bajas). End Summary. Fiscalia Creates Special Investigative Team -------------- ¶2. (U) On September 30, Vice President Francisco Santos announced the creation of a special prosecutorial team led by the Fiscalia's Human Rights Unit to investigate media reports that military units were behind the disappearances and deaths of 19 young men from the Soacha area of southern Bogota. The bodies of the 19 were found in Ocana (Norte de Santander) and Cimitarra (Santander). Local military units claimed the men died in combat (Ref A). The Fiscalia has already detained one suspect believed to have been disguised as a soldier offering 2 million pesos (approximately 900 USD) to recruit the men. The Defense Minister, Vice President, Prosecutor General, Defensor (Human Rights Ombudsman),and Vice Procurador (Attorney General) convened an emergency meeting on September 29 which led to the creation of the team. The team will coordinate with regional investigators and prosecutors. ¶3. (C) Vice Minister Sergio Jaramillo told us on October 4 that the Defense Ministry has also set up a separate special commission--chaired by Major General Suarez and supported by three colonels, Presidential Human Rights Director Carlos Franco, and a civilian lawyer--to conduct an administrative investigation of the Ocana deaths as well as alleged murders in eastern Antioquia. The Commission will not interfere with the ongoing Fiscalia and Inspector General's (Procuraduria) investigations of the Soacha deaths. It will be an administrative investigation that will make policy recommendations to Minister Santos and Armed Forces Commander Freddy Padilla. He said Santos has decided to postpone decisions on senior promotions--which were due on October 10--until the Commission completes its report. The Commission expects to finish its work by the week of October ¶20. Preliminary Evidence Points to Army -------------- ¶4. (S) Fiscalia Human Rights Director Sandra Castro told us preliminary evidence indicates the Soacha killings were committed by military personnel. The murders required a substantial degree of organization, and her investigation would likely reach the colonel level. She said her office does not have authority to investigate active-duty generals, who can only be investigated by the Fiscal General himself. Castro confirmed that all but three cases are under the Fiscalia's investigation. These three were originally referred to the military justice system by the regional Ocana prosecutor in February; the cases are now in the process of being transferred back to the Fiscalia. ¶5. (S) UNHCHR Acting Director Javier Hernandez also told us he believes the Soacha killings were directed by Army units. UNHCHR has encountered similar incidents in Sucre (11th Brigade) and Antioquia (14th Brigade). Hernandez said he arranged for a former soldier from the 14th Brigade in eastern Antioquia to meet on September 22 with Defense Minister Santos and Padilla. The ex-soldier told Santos and Padilla that he was paid by 14th Brigade officers to recruit (and murder) at least three individuals whom the Brigade later claimed were killed in combat. The latest killing occurred in 2008. The soldier approached UNHCHR after his father was killed by the Brigade in June. The ex-soldier is currently in the Fiscalia's witness protection program. Deaths May Show Difficulties in Discouraging "Body Count" -------------- ¶6. (S) Jaramillo fears the deaths reflect some Army officers' opposition to Santos' and Padilla's reforms favoring captures and demobilizations over body count (bajas) (Ref B). Armed Forces Human Rights Office director Colonel Juan Carlos Gomez (protect) told us Army Commander General Mario Montoya--while paying lip service to the policy reforms--continues to press commanders to produce combat kills. Padilla told us he has no evidence to confirm military personnel are behind the Soacha deaths, but added that, if true, the charges would involve battalions from the 30th and 15th Mobile Brigades, as well as a separate counter-guerrilla battalion. Weekly news magazine Semana reported there are 46 cases around the country that resemble the pattern involved in the Soacha deaths. BROWNFIELD