APPELLATE COURT ELECTS NEW JUDGE FOR LABOR

UNCLAS BOGOTA 000528 SIPDIS SIPDIS PLEASE PASS TO USTR, BENNETT HARMON AND AARON ROSENBERG E.O. 12958: N/A TAGS: KJUS PGOV PHUM PTER CO SUBJECT: APPELLATE COURT ELECTS NEW JUDGE FOR LABOR VIOLENCE CASES ¶1. SUMMARY. In late December, 2007, the six-month term for Colombia's three specially appointed judges handling cases of violence against unionists ended. As part of its normal selection process, magistrates of the Appellate Court for Bogota voted to reappoint Elsa Rivera de Jimenez and Maria Duran Calderon, but to replace Jose Nirio Sanchez. Under Colombian law, the 28 magistrates of the Appellate Court vote on their peers for all specially appointed judgeships, such as labor violence, corruption and human rights cases. The judges began hearing cases on January 11. END SUMMARY. -------------- INDEPENDENT APPELLATE COURT SELECTS JUDGES -------------- ¶2. The three special judges handling cases of labor violence against unionists--Jose Nirio Sanchez, Elsa Rivera de Jimenez, and Maria Duran Calderon--heard 39 cases resulting in 36 convictions in 2007. Under Colombian law, they were elected by the 28 magistrates of the Appellate court of Bogota for a six-month term in June 2007. Their appointments reflected the GOC's effort to boost prosecutions of labor violence, and complemented the Prosecutor General's (Fiscalia) creation of a special team of prosecutors and investigators in its Human Rights Unit to investigate labor cases. ¶3. The terms of the three judges expired in December 2007. After the Christmas holidays and a two-week administrative judicial leave, members of the Appellate Court selected the nominees for special judgeships in 2008. Appointments included judges handling labor violence, corruption and human rights cases. The Appellate Court magistrates re-elected Rivera and Duran as special labor judges, but replaced Sanchez with Teresa Castillo de Casa, who will serve as the new head labor judge. She has nineteen years of experience as a judge and is well-respected by her peers. Castillo, Duran, and Calderon resumed work on labor cases on January 11. -------------- VOTE REFLECTS MEMBERS' PREFERENCES -------------- ¶4. The Appellate Court magistrates base their votes for specially-appointed positions on their personal assessments of each candidate's ability. Each member votes for three candidates and those with the greatest number of votes win. President of the Administrative Chamber of the Supreme Judicial Council Hernando Torres told us there was no specific or political reason that Jose Nirio Sanchez was not re-elected. The majority of the 28 voting judges simply preferred Castillo for the post. Torres acknowledged that personal factors might play a role in the selection process, but said the judiciary's independence in making such choices is absolute. ¶5. In meetings with U.S. Congressman George Miller in January, Prosecutor General Mario Iguaran, and Vice President Francisco Santos said they supported renewal of all three original judges but emphasized the independence of the Appellate Court in its judicial appointments. Brownfield