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 -------------- ¶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 -------------- ¶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 -------------- ¶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 -------------- ¶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 -------------- ¶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