SOACHA DEFENDANTS RELEASED FROM PRE-TRIAL DETENTION,

UNCLAS BOGOTA 000025 SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV KJUS CO SUBJECT: SOACHA DEFENDANTS RELEASED FROM PRE-TRIAL DETENTION, CRIMINAL TRIAL UNAFFECTED REF: 09BOGOTA2089; 09BOGOTA2088 ¶1. On January 7, the presiding judge released 17 defendants from pre-trial detention in a criminal case arising out of alleged "false positive" killings -- military murders presented as killed in combat [Reftel]. Under Colombian law, defendants may only be held in pre-trial detention for 90 days. These defendants had been held for 209 days. ¶2. The decision to release the defendants is a procedural action and not a substantive decision on the merits of the case. The 17 military members remain accused of killing three civilians from Soacha and presenting them as killed in combat, and are expected to stand trial. The only significant implication of the decision is that the defendants will not be detained pending the continuation of the pre-trial and trial proceedings. ¶3. The Prosecutor General's Office (Fiscalia) announced it would appeal the decision to release the defendants. The prosecution contends that trial has been postponed due to delay tactics by the defense and the Court's failure to exclude time for decision on pre-trial motions in calculating the 90 days allowed for pre-trial detention. BROWNFIELD