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