INVESTIGATION INTO MILITARY KILLING OF EDWIN

C O N F I D E N T I A L BOGOTA 004485 SIPDIS E.O. 12958: DECL: 08/26/2018 TAGS: PHUM PGOV PTER KJUS CO SUBJECT: INVESTIGATION INTO MILITARY KILLING OF EDWIN LEGARDA CONTINUES REF: BOGOTA 4457 Classified By: Acting Political Counselor David M. Zimov For Reasons 1.4 (b) and (d) ¶1. (C) Summary. Vice Defense Minister Jaramillo told us the killing of Edwin Legarda--husband of indigenous activist Aida Quilcue--appeared to have been a mistaken military ambush based on bad intelligence intended to target arms traffickers. President Uribe repeatedly expressed his condolences to Quilcue, and said the incident occurred in a region that had seen recent FARC kidnappings and infrastructure attacks. Defense Minister Santos said the GOC would thoroughly investigate the killing, and would indemnify victims if appropriate. UNHCHR officials told us the GOC was supporting a transparent investigation led by the civilian Prosecutor General's office (Fiscalia). Indigenous leaders told us the GOC had offered them added security after the incident. End summary. ¶2. (C) Vice Minister of Defense Sergio Jaramillo told us the death of Edwin Legarda--the husband of a prominent indigenous leader Aida Quilcue--appeared to have been a mistaken ambush based on erroneous intelligence. Ministry of Defense (MOD) Human Rights Officer Carlos Gomez added that the intelligence obtained from the GOC's informant network program ("Red de Coorperantes") indicated that arms traffickers (possibly FARC) planned to pass on the road at that time. Both voiced concern about the incident and noted the need to complete a thorough investigation, especially of the intelligence reports. They confirmed that it was unlikely a formal military checkpoint existed at the site of the shooting (reftel). ¶3. (U) President Alvaro Uribe repeatedly expressed his condolences to Quilcue and the indigenous community on December 17. He said the Army told him the soldiers had received intelligence that the vehicle was transporting arms, and he noted that the area where the shooting took place experienced a recent series of kidnappings and infrastructure attacks. He said the Army checkpoint may not have been properly identified. Defense Minister Juan Manuel Santos said the soldiers likely made a grave mistake. He said, "We have to clear up what happened. . .whether there was excessive force or if this was an irresponsible action. But I can guarantee that the allegations of premeditated murder make no sense." He said the GOC would indemnify the victims if appropriate. ¶4. (U) United Nations High Commission on Human Rights (UNHCHR) official Jesus Pena said the GOC was supporting transparent and expedited investigations led by the civilian Prosecutor General's Office (Fiscalia). He said due to the swift response of the civilian investigators, as well as the indigenous guard, the scene of the incident was likely not modified by the soldiers. Due to the GOC's strong assurances, and the inclusive manner that 29th Army Brigade Commander Barrero was proceeding with the case, the indigenous guard agreed to release the 32 soldiers they had encircled after the incident. ¶5. (C) Human rights groups organized a meeting on December 18 with indigenous organizations to discuss the case, urge a rapid and complete GOC investigation, and seek support from the international community. Participants included the Cauca Association of Indigenous Councils Leader Feliciano Valencia, the UNHCHR, the Organization of American States, and representatives of several Embassies. Valencia told us that, despite the darkness and fog present, the nurse with Legarda during the shooting (reportedly, the sole witness to the incident),claimed the incident was an ambush. Valencia confirmed that local Army Commander Barrero offered the indigenous several concessions after the incident, including security for local leaders. Valencia also asked participants for support in "raising the political cost" of the incident for the GOC. NICHOLS