QUARTERLY HUMAN RIGHTS CONSULTATION FOCUSES ON "OFFENSIVE

C O N F I D E N T I A L BOGOTA 003075

SIPDIS

E.O. 12958: DECL: 2019/09/28
TAGS: PHUM PGOV KJUS ELAB PTER CO
SUBJECT: QUARTERLY HUMAN RIGHTS CONSULTATION FOCUSES ON "OFFENSIVE
INTELLIGENCE"

REF: REF A 08BOGOTA4305; REF B BOGOTA 1826; REF C BOGOTA 2019
REF D BOGOTA 2629; REF E BOGOTA 2958; REF F BOGOTA 3035

CLASSIFIED BY: Brian A Nichols, Deputy Chief of Mission; REASON:
1.4(B),(D)

SUMMARY

--------------




1. (U) Charge d'Affaires Brian Nichols hosted the Embassy's
quarterly consultations with human rights groups on September 14.
As agreed previously with the groups, the discussion focused on
issues dealing with general criteria for the Human Rights
Certification process. The groups focused on the illegal
Administrative Department of Security (DAS) spying, the military's
'false positive' extrajudicial killings, and the selection of the
Prosecutor General (Fiscal General). The CDA said that the Embassy
would raise human rights concerns with the Colombian government,
meet regularly with human rights groups, and speak out on the
importance of a vibrant civil society and respect for human rights.
End Summary.




2. (SBU) Post's quarterly consultations with human rights groups,
as agreed previously, focused on issues relating to general
criteria for the Human Rights Certification process. Attendees
included Juan Camilo Rivera, Colombian Lawyers Commission (CCJ);
Jahel Quiroga Carrillo, Reiniciar; Alberto Yepes, Coordinacion
Colombia Europa Estados Unidos (CCEEU); William Rozo, Center for
Research and Popular Education (CINEP); Augustin Jimenez, Political
Prisoner Solidarity Committee (CSPP); Liliana Avila,
Inter-ecclesiastic Commission for Justice and Peace (Justice and
Peace); Luis Evelis Andrade, Organization for the Indigenous of
Colombia (ONIC); Gloria Florez, MINGA; Alirio Uribe Munoz, Jose
Alvear Restrepo Collective Corporation of Lawyers (CCAJAR); and
Tomas Martinez, Association of Internally Displaced Afro-Colombians
(AFRODES).



PERPLEXED BY CERTIFICATION

--------------




3. (C) Alberto Yepes of CCEEU criticized the Department of State
(DOS) for its decision to certify the GOC, stating the
certification "recognizes the problems, but makes the wrong
conclusion." Gloria Florez of MINGA said she was "perplexed" by
the recent certification decision, given evidence of illegal
surveillance of human rights defenders by the DAS and of murders
reported as combat kills ("false positives") by the military.
Alberto Jimenez of CSPP questioned the decision to certify the GOC
in what is the "worst moment in Colombian history" for human rights
and likened the certification to "sanctioning murder by the
military."



OFFENSIVE INTELLIGENCE AGINST HUMAN RIGHTS GROUPS

-------------- --------------




4. (C) Yepes described what he called an "offensive intelligence"
policy to spy on and disrupt the work of human rights organizations
(REF C). Yepes said the spying -- which included collecting


detailed information on the extended families of targeted human
rights defenders -- often preceded activities intended to impede an
NGOs work or frighten an activist. He cited cases like publishing
fake employment ads so an NGO would be inundated with job
applicants and sending a bloody doll to the home of a human rights
defender.




5. (C) Florez deplored the persecution of legitimate and legal
human rights activities. She underscored that illegal and
politically-motivated intelligence collection against human rights
defenders is not confined to the DAS and warned military and police
intelligence have also been involved in inappropriate surveillance.
Alirio Uribe Munoz of CCAJAR reiterated his comments of June 12
that surveillance was frequently performed "legally, but for
illegal or political purposes." He described a scenario in which
surveillance is conducted under a warrant that links the defender
to an unrelated case (REF C, F).




6. (C) Yepes emphasized the historical connections between
politically-motivated intelligence collection and subsequent
homicide of the target. He pointed to the Prosecutor General's
Office investigation of former DAS Director Jorge Noguera, who is
currently incarcerated on charges of using illegal intelligence to
facilitate the murders of four individuals, three of whom were
labor leaders. Uribe Munoz described his DAS intelligence file,
which the Prosecutor General's Office showed him; it included
copies of his house keys, photos of his minor children and their
schools, and lists of extended relatives and personal contacts.
Uribe Munoz averred "the next logical step was for them to kill
me."



OFFENSIVE INTELLIGENCE AFFECTS VISAS

--------------




7. (C) Jahel Quiroga Carrillo of Reiniciar noted the United Nations
High Commission for Human Rights had long advocated for the GOC to
review and purge its intelligence files of information on
legitimate human rights defenders (REF A),but there had been no
movement on the issue. Yepes argued the "offensive intelligence"
strategy had successfully blocked some human rights defenders from
receiving visas, especially to the United States. (REF E). Yepes
noted Uribe Munoz' visa case had been pending since February 2008.
(Note: Uribe Munoz is awaiting the results of a Security Advisory
Opinion resulting from terrorism and drug trafficking hits. End
Note)



QUESTIONING JUSTICE IN EJE CASES

--------------




8. (C) Juan Camilo Rivera of CCJ reported the reduction in "false
positive" murders has been offset by an increase in forced
disappearances. Yepes reported two of the generals fired in
October 2008 for the Soacha scandal have begun working as
contractors for the Ministry of Defense. He dismissed the
military's administrative firings as another mechanism to support
impunity (REF D). Jimenez accused the military of destroying
evidence, refusing to transfer human rights cases to the ordinary
justice system, and threatening prosecutors working on "false
positive" cases.


ACTING PROSECUTOR GENERAL STAFFING TRANSFERS CHALLENGED

-------------- --------------




9. (C) Yepes expressed concern over staffing transfers under acting
Prosecutor General Guillermo Mendoza, and accused Mendoza of
promoting impunity in the DAS investigation. Jimenez said
President Uribe should not be entitled to name the next Prosecutor
General, claiming the Presidency is implicated in the DAS
surveillance scandal.



USG RESPONSE

--------------




10. (SBU) CDA Nichols thanked the participants for the frank
exchange of ideas and emphasized the importance of their input in
the certification process. The CDA stressed that USG shared the
serious concerns expressed during the meeting; in particular
regarding illegal intelligence collection, extrajudicial
executions, threats against human rights defenders, violence
against vulnerable groups leading to displacement, and illegal
criminal group activity. However, he opined that the GOC continued
to make progress in its efforts to improve the respect for human
rights, and had taken strong action in response to human rights
violations--such as removing and prosecuting over 50 military
officials linked to extrajudicial killings. In view of those
efforts, the USG had decided to certify this year. The CDA said
that the Embassy would raise human rights concerns with the
Colombian government, meet regularly with human rights groups, and
speak out on the importance of a vibrant civil society. He assured
the NGOs that the USG would continue to work with civil society and
the GOC to make further advances in protecting human rights.
BROWNFIELD