Identifier
Created
Classification
Origin
10BOGOTA25
2010-01-08 19:28:00
UNCLASSIFIED
Embassy Bogota
Cable title:
SOACHA DEFENDANTS RELEASED FROM PRE-TRIAL DETENTION,
how-toVZCZCXYZ0022 RR RUEHWEB DE RUEHBO #0025 0081928 ZNR UUUUU ZZH R 081928Z JAN 10 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC 1986 INFO RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RHMFISS/HQ USSOUTHCOM MIAMI FL RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RHMFIUU/FBI WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEHBO/AMEMBASSY BOGOTA RUEHC/DEPT OF LABOR WASHINGTON DC RUEHCV/AMEMBASSY CARACAS RUEHGL/AMCONSUL GUAYAQUIL RUEHLP/AMEMBASSY LA PAZ RUEHPE/AMEMBASSY LIMA RUEHQT/AMEMBASSY QUITO RUEHZP/AMEMBASSY PANAMA RUEKJCS/SECDEF WASHINGTON DC
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
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
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