RAPPORTEUR SEES PROGRESS ON EXTRAJUDICIAL

C O N F I D E N T I A L BOGOTA 002015 SIPDIS E.O. 12958: DECL: 06/19/2019 TAGS: PHUM PGOV PTER KJUS PREL CO SUBJECT: RAPPORTEUR SEES PROGRESS ON EXTRAJUDICIAL KILLINGS, BUT MORE TO BE DONE REF: BOGOTA 803 Classified By: POLITICAL COUNSELOR JOHN S. CREAMER REASONS: 1.4 (B) AND (D) SUMMARY -------------- ¶1. (U) United Nations Special Rapporteur on Extrajudicial Executions Philip Alston released his initial findings June ¶18. He praised the GOC's efforts to address 'false positives,' noting allegations of military extrajudicial killings have fallen sharply over the last 6-9 months, but called for increased GOC efforts to investigate past crimes. Alston rejected the GOC stance that 'false positive' murders were isolated cases committed by a few "bad apples," but also said they did not reflect GOC policy. Still, he said "significant elements within the military" had engaged in this practice in a "systematic way." Alston called for prompt and thorough investigations into extrajudicial killings committed by new criminal groups. End Summary ¶2. (U) United Nations Special Rapporteur on Extrajudicial Executions Philip Alston released initial findings of his 10-day fact-finding mission in a June 18 press conference. He acknowledged the "dramatic improvement" in the security situation since 2002, but underscored the need for continued progress. Alston briefly reviewed murders committed by the FARC and ELN, but focused primarily on killings by security forces and illegal armed groups. He stressed that extrajudicial killings disproportionately affect rural and poor populations, indigenous, afro-colombians, trade unionists, human rights defenders, and community leaders. ¶3. (U) Alston emphasized the importance of investigating and prosecuting those responsible for extrajudicial killings and urged Colombian authorities to choose a credible, independent figure to replace outgoing Fiscal General Mario Iguaran. He called on senior GOC officials to cease referring to human rights defenders as guerrillas and terrorists. Alston's final report on Colombia will be released in October, 2009. SECURITY FORCES: PROGRESS ON FALSE POSITIVES BUT MORE NEEDS TO BE DONE -------------- -------------- ¶4. (U) Alston applauded GOC efforts to confront military extrajudicial killings, citing disciplinary sanctions, the Suarez Commission's investigation of the Soacha murders, and policy reforms aimed at eliminating the use of "body count" as a measure for evaluating officer's performance. He said such GOC actions have produced a sharp reduction in reports of extrajudicial killings by the Army over the last 6-9 months. Still, Alston said impunity for past killings must be addressed. He condemned military judges who obstruct the transfer of human rights cases to the civilian justice system and said witnesses in many extrajudicial killing investigations are often threatened or harassed. Alston called on the GOC to allocate additional resources to the Fiscalia's Human Rights Unit. ¶5. (U) Alston warned that the public focus on the Soacha killings detracts from the reality that the 'false positive' model--in which the victim is lured to a distant location, generally under the pretext of an employment opportunity, murdered, and then reported as a combat kill--has been used by "significant elements within the military" in a "systematic fashion" over an extended period. He cited similar cases in Antioquia, Arauca, Valle de Cauca, Casanare, Cesar, Cordoba, Huila, Meta, Norte de Santander, Putumayo, Santander, Sucre, and Vichada. Alston said the murders did not reflect GOC policy, but recommended that the GOC eliminate "all forms" of incentives for combat kills. Still, he privately agreed that Directive 29 appeared not to have played a major role in promoting 'false positives.' URIBE ENGAGES ALSTON IN "FRANK, CONSTRUCTIVE" MEETING -------------- -------------- ¶6. (C) Presidential Communications Director Jorge Mario Eastman told us Alston had a "frank, constructive" 2.5 hour meeting with President Uribe. Alston told Uribe that Colombia's military justice system is better than the U.S. model on paper, but that military resistance impedes its application in practice. Eastman said Alston rejected Uribe's vigorous contention that "a few bad apples" were responsible for 'false positives,' noting that the geographic scope and number of cases indicated a pattern of military abuse. Uribe also explained the GOC's position that an armed conflict does not exist in Colombia. Alston later told us he understood Uribe's stance from a political perspective, and conceded that despite Uribe's view, Colombian Courts and the military routinely apply international humanitarian law. ILLEGAL ARMED GROUPS: GROWING RANKS OF FORMERLY DEMOBILIZED -------------- -------------- ¶7. (U) Alston voiced concern over the high rate of illegal armed group killings. He criticized the GOC's failure to confront the "resurgence" of former paramilitaries in illegal groups, arguing the phenomenon should not simply be addressed as criminal activity. He censured the "alarming level of impunity" for former paramilitaries and called for swift investigation and prosecution of extrajudicial killings and other human rights violations by new criminal groups. Brownfield