Court Orders Further Investigation Into Santo Domingo

C O N F I D E N T I A L BOGOTA 003305

SIPDIS

E.O. 12958: DECL: 2019/11/03
TAGS: PHUM PGOV KJUS MOPS MASS CO
SUBJECT: Court Orders Further Investigation Into Santo Domingo
Bombings

REF: REF A: 09BOGOTA3129; REF B: 09BOGOTA0736; REF C: 04BOGOTA327
REF D: 07BOGOTA7987; REF E: 08STATE37820

CLASSIFIED BY: William R. Brownfield, Ambassador; REASON: 1.4(B),(D)

SUMMARY

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1. (C) The Twelfth Circuit Trial Judge of Bogota convicted two
pilots of murder on September 24 for their involvement in the 1998
bombing of the village of Santo Domingo, Arauca that left 17 dead.
The presiding judge ordered an investigation into then Major Sergio
Garzon Velez, now a Colonel and the Deputy Commander of the
Palanquero Air Force base, for his involvement in the incident.
Palanquero has received ten T-37 aircraft and training on aircraft
maintenance--approximately $6 million in U.S. assistance. Garzon
is scheduled to transfer before the New Year. Given past
cooperation, Garzon's transfer, and determination by the Colombian
civilian judicial system, Post considers the Air Force to have
taken effective measures to permit continued USG assistance to the
Air Combat Command in Palanquero. End Summary.



COURT FINDS TWO GUILTY OF MURDER,

ORDERS BROADER INVESTIGATION

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2. (U) On September 24, the Twelfth Circuit Trial Judge of Bogota
sentenced pilots Captain Cesar Romero Pradilla and Lieutenant Johan
Jimenez Valencia, both retired from the Air Force, to 31 years and
eight months in prison for the 1998 bombing of the village of Santo
Domingo, Arauca that resulted in 17 deaths and 25 injuries (REF A).
The two were convicted of murder (homicidio doloso) while a former
Air Force technician, Hector Mario Hernandez Acosta, was sentenced
to six years of house arrest for involuntary manslaughter
(homicidio culposo). Although the three had been convicted in late
2007 for involuntary manslaughter (REF B),the Superior Tribunal of
Bogota in February 2009 overturned the lower court's conviction of
the three men and ordered a new trial. The Superior Tribunal's
action was apparently the result of a routine procedure to review
decisions by lower courts.




3. (U) In the September ruling, the presiding judge ordered the
Prosecutor General's Office (Fiscalia) to investigate then Major
Sergio Garzon Velez, the highest ranking officer in the operation.
The judge noted "abundant" evidence incriminates Garzon --now a
Colonel and Deputy Commander of the Palanquero Air Force base in
Cundinamarca-- for murder and obstruction of justice.




4. (C) The head of the Prosecutor General's Human Rights Unit,
Sandra Castro, told us that the prosecutor in charge of the case
had not yet launched the investigation into Garzon, but noted this
delay was normal and an investigation would be forthcoming.



AIR FORCE OFFICERS CONVINCED OF INNOCENCE

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5. (SBU) Major General Tito Saul Pinilla Pinilla, Chief of Air
Operations and Intelligence Directorate, told us Air Force officers
are convinced of the innocence of their former colleagues
--maintaining the dead were transported from the site of a
Revolutionary Armed Forces of Colombia (FARC) car bomb outside the
hamlet-- and will donate one day's salary to a legal defense fund
to appeal the latest sentence. Pinilla believes it will take over
a year before the case is appealed to the Supreme Court for a final
decision.



REPARATIONS PAID

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6. (SBU) On May 25, 2004, the Administrative Tribunal of Arauca
ordered the GOC to pay two billion pesos (U.S. $1 million) to the
families of 17 victims (REF C). According to Carlos Franco,
Director of the Presidential Human Rights Office, the reparations
have been paid in full.



LEAHY VETTING OF CACOM-1

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7. (C) The Department unilaterally suspended the Colombian Air
Force's Air Combat Command (CACOM-1) --housed on the Palanquero
base-- from receiving U.S. security assistance in January 2003 due
to the Air Force's inability to provide a credible account of the
Santo Domingo bombing. After the Air Force cooperated with the
Prosecutor General's investigation and the resulting September 2007
manslaughter conviction of the two pilots and technician referenced
above, the Embassy requested that the Department lift the
suspension (REF D). The Department lifted the suspension on
February 14, 2008 (REF E).




8. (C) Since lifting the suspension, the USG has provided ten T-37
aircraft to CACOM-1 as well as training on aircraft maintenance,
totaling approximately $6 million in U.S. Foreign Military
Financing (FMF) assistance. Additionally, significant
infrastructure investment in the air base is anticipated as a
result of the U.S.-Colombia Defense Cooperation Agreement (DCA)
signed on October 30. Garzon is scheduled to transfer before the
New Year. Given past cooperation and Garzon's upcoming transfer,
Post considers the Air Force to have taken effective measures to
permit continued USG assistance to the Air Combat Command in
Palanquero.
BROWNFIELD