Supreme Court Still Pressing Uribe for New Prosecutor

C O N F I D E N T I A L BOGOTA 003283 SIPDIS E.O. 12958: DECL: 2019/10/29 TAGS: PGOV PHUM KJUS CO SUBJECT: Supreme Court Still Pressing Uribe for New Prosecutor General Nominees REF: BOGOTA 3057 CLASSIFIED BY: Mark Wells, Political Chief; REASON: 1.4(B),(D) ¶1. (C) SUMMARY: The Supreme Court remains at an impasse with President Uribe regarding the selection of a new Prosecutor General (Fiscal General),maintaining its position that Uribe's slate of candidates ("terna") for the position are unqualified. Despite Uribe's recent nomination of administrative judge Marco Antonio Velilla Moreno to replace Juan Angel Palacio (who voluntarily withdrew),the Court insists Velilla also lacks the requisite background for handling cases under Colombia's accusatory system. Supreme Court President Ibanez insists that experience in criminal law - which none of Uribe's candidates offer - is critical for an effective Prosecutor General, even though it is not explicitly mentioned as a requirement in the Colombian constitution. End Summary. ¶2. (U) On October 21 President Uribe announced he was substituting Marco Antonio Velilla Moreno, currently serving on the administrative Council of State (Consejo de Estado),for Juan Angel Palacio, who withdrew from consideration amidst bribery allegations. The Supreme Court, which by law selects the independent Prosecutor General from the three-person list, told the press just minutes after the announcement that Velilla's nomination was unacceptable. While Velilla is widely respected by most judges, his expertise in commercial law and scant two years as a judge raised eyebrows in the legal community, according to press reports. Meanwhile, the Prosecutor General's Office will complete its third month without a confirmed head. ¶3. (C) Supreme Court President Augusto Ibanez told pol chief October 28 that Velilla meets the general requirements for Prosecutor General set out in the Constitution of 1991, but explained that the switch to an accusatory justice system in recent years all but requires the Prosecutor General to be an experienced litigator in criminal law - which Velilla is not. Ibanez said the conclusion about Velilla's lack of suitability is shared by the Interinstitutional Commission, a body comprised of the heads of Colombia's upper courts. Ibanez said he repeatedly pressed President Uribe to reconsider the entire slate so that the process can move forward; so far, Uribe has refused. Noting that the naming of candidates is strictly an executive function, Ibanez denied that the Court had proposed its own candidate to Uribe during its deliberations with the government. The Court met October 29 to determine whether Velilla was an acceptable candidate and, as expected, officially announced that Uribe's slate remains invalid. BROWNFIELD