Identifier
Created
Classification
Origin
09BOGOTA3519
2009-12-07 22:27:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

DAS DIRECTOR: ILLEGALITY OF SURVEILLANCE UNCLEAR

Tags:  PHUM PGOV PTER KJUS CO 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHBO #3519/01 3412227
ZNY CCCCC ZZH
R 072227Z DEC 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1491
INFO RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RHMFISS/DEPT OF JUSTICE WASHINGTON DC
RHMFISS/HQ USSOUTHCOM MIAMI FL
RUCNFB/FBI WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEHBO/AMEMBASSY BOGOTA
RUEHCV/AMEMBASSY CARACAS
RUEHGL/AMCONSUL GUAYAQUIL
RUEHLP/AMEMBASSY LA PAZ
RUEHPE/AMEMBASSY LIMA
RUEHQT/AMEMBASSY QUITO
RUEHZP/AMEMBASSY PANAMA
RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L BOGOTA 003519 

SIPDIS

E.O. 12958: DECL: 2019/12/07
TAGS: PHUM PGOV PTER KJUS CO
SUBJECT: DAS DIRECTOR: ILLEGALITY OF SURVEILLANCE UNCLEAR

REF: REF A: 09BOGOTA3075; REF B: 09BOGOTA2019; REF C: 09BOGOTA3177

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

SUMMARY

-------



C O N F I D E N T I A L BOGOTA 003519

SIPDIS

E.O. 12958: DECL: 2019/12/07
TAGS: PHUM PGOV PTER KJUS CO
SUBJECT: DAS DIRECTOR: ILLEGALITY OF SURVEILLANCE UNCLEAR

REF: REF A: 09BOGOTA3075; REF B: 09BOGOTA2019; REF C: 09BOGOTA3177

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

SUMMARY

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




1. (C) In a meeting with Polcouns November 13, Administrative
Department of Security (DAS) Director Felipe Munoz said that
allegations against his agency of illegal surveillance were
exaggerated in some cases. Nevertheless, he emphasized that DAS is
cooperating with Colombian judicial authorities, who will make the
final determination on legality of DAS activities. Munoz outlined
his efforts to establish new standards and to plan for the new,
leaner intelligence agency. It would be worthwhile to provide the
GOC with technical advice on human rights and national security law
as it seeks to establish this new agency. End Summary.



ILLEGALITY UNCERTAIN

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




2. (C) In a November 13 meeting with Polcouns, Director Munoz
stated that while the investigations and surveillance of NGOs and
political opponents of President Uribe may have been inappropriate,
all these activities were not necessarily illegal. For example,
Munoz said the DAS investigations into the magistrates stemmed from
a suspicious transaction report from a bank and not from a
deliberate investigation into the finances of magistrates.
However, he acknowledged the impropriety, and possible illegality,
of leaking the results of that investigation to members of
President Uribe's staff.




3. (C) While policies like "offensive intelligence" -- deliberate
attempts to hinder human rights groups' activities -- against human
rights defenders were clearly illegal (REF A),Munoz reported there
is some debate over the lawfulness of the surveillance of human
rights defenders in the 2004-05 timeframe. At that time, when DAS
collected vast reams of "useless" intelligence on human rights
activists, Munoz indicated, no intelligence law existed -- so the
courts must now determine the legality of the "excessive"
intelligence collection based on a slim number of high-court
decisions in existence at the time of the surveillance. (COMMENT:
While elements of both the human rights defenders and magistrate
investigations appear to have been legally executed, there is legal
ambiguity as to the point at which the surveillance overstepped the
bounds into criminal activity, REF B).




4. (C) Munoz emphasized the DAS was fully cooperating in the
Prosecutor General's Office (Fiscalia) investigations. He twice
evaded the question, however, about reports that some DAS files had
been secreted out of the DAS offices just prior to the launch of
the Prosecutor General's investigation.



MUNOZ MAKING STRUCTURAL CHANGES

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




5. (C) Regardless of the legality of the surveillance, Munoz agreed
it had "crossed the line" of propriety. As a result, Munoz had
implemented new standards to prevent future surveillance abuses,

including: establishing human rights policies through a new human
rights group within DAS; adding a human rights curriculum to
detective training; accelerating disciplinary investigations; and
better defining the rights of captured suspects. Noting that the
law before Congress to dissolve the DAS did not enter into the
specifics of the successor intelligence agency's design, Munoz said
he was working to define the structure of the new entity (REF C).
(NOTE: The law to restructure the DAS is not expected to pass
before the end of the legislative session on December 16, which
would delay action until spring 2010.)



COMMENT: WHAT THE USG CAN DO TO HELP

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




6. (C) Conventional wisdom on Munoz is that he is well intentioned
but in over his head when it comes to fixing the problems in DAS.
As the GOC goes about creating the new intelligence agency, we
consider it worthwhile to provide Munoz and his team with technical
advice on national security and human rights law to prevent the lax
oversight and weak internal controls of DAS from being passed to
its successor.
BROWNFIELD