VZCZCXYZ0001
RR RUEHWEB

DE RUEHBO #3765 1172338
ZNY CCCCC ZZH
R 272338Z APR 06
FM AMEMBASSY BOGOTA
TO SECSTATE WASHDC 4527

C O N F I D E N T I A L BOGOTA 003765 

SIPDIS 

SIPDIS 

E.O. 12958: DECL: 04/27/2016 
TAGS: PHUM PREL PGOV CO
SUBJECT: SEN REED MEETS WITH NGO COLOMBIAN COMMISSION OF 
JURISTS 


Classified By: Ambassador William B. Wood. Reasons: 
1.4 (b) and (d).

¶1. (U) Senator Reed did not have an opportunity to clear this 
cable. 

¶2. (U) Summary.  On April 20 CODEL Reed met with Gustavo 
Gallon, Director of the NGO the Colombian Commission of 
Jurists (CCJ).  Gallon said the Democratic Security policy 
targets only certain criminals and protects only certain 
individuals, the demobilization process is not serious 
because 99 percent of paramilitaries will not be punished for 
their crimes,  and while the CCJ has friends in the military 
who are trying to improve respect for human rights, 
complaints against the military have increased.  End summary. 

¶3. (U) Senator Reed opened the meeting by asking Gallon what 
were the CCJ's greatest concerns about human rights in 
Colombia.  Gallon told Senator Reed the GOC's Democratic 
Security policy does not protect displaced people or 
middle-class or lower-class citizens who need access to 
economic, social and cultural rights like health care and 
pensions.  Rather the policy promoted only the fight against 
guerillas.  "It certainly has not focused on attacking 
paramilitaries," he said, repeating reports that paramilitary 
leader "El Aleman" ("The German") still operates in Choco 
with impunity and alleged assistance from local authorities. 
Of some 1,600 paramilitaries allegedly killed in action by 
the Colombian Government, Gallon said, none have been leaders. 

¶4. (U) The paramilitary demobilization process, Gallon 
continued, is not serious.  Since the cease-fire declaration 
in December 2002 through December 2005, the CCJ had received 
reports of many violations including 2,750 deaths by 
paramilitaries.  According to Gallon, the Prosecutor General 
has reported that there are 770 cases of cease-fire 
violations under investigation, but only two have come to 
trial.  Since the high-profile kidnapping of a Senator by 
paramilitary leader "Jorge 40" prior to negotiations in 2004, 
the GOC had neither enforced the cease-fire nor tried to 
shame paramilitaries into compliance.  In addition, Gallon 
said that the GOC only intends to prosecute 600 paramilitary 
leaders under the new Justice and Peace law, only one percent 
of the estimated 29,000 who have demobilized.  Any other 
paramilitary who does not already have an open investigation 
against him/her, according to a decree passed by the 
President in December, 2005, will not be prosecuted.  Gallon 
asserted the decree is unconstitutional.  Gallon added that 
the new 12-member National Commission on Reparations was 
ostensibly created to get relief for the victims of the 
29,000 demobilized paramilitaries, but was really for 
appearances only. 

¶5. (U) Gallon said while he had heard that the military was 
trying to improve respect for human rights, complaints were 
on the rise.  He also asserted that GOC statistics for 
homicides and killings were not accurate.  For example, the 
MOD had reported 3 trade unionists killed in Arauca were 
"downed in combat," but the Vice President's office did not 
count them as deaths by the military because the Prosecutor 
General's office had not determined the perpetrator of the 
crime.  Yet according to Gallon, in a meeting between the CCJ 
and the VP's office the VP's statistical database manager 
admitted they counted deaths attributed to guerillas before 
the Prosecutor General's office had determined the 
perpetrators.  The inaccurate statistics contributed to the 
impression that things are getting better, said Gallon, but 
amounted to misrepresentation by the GOC. 

¶6. (U) Gallon concluded by adding that the judiciary system 
was also encountering problems.  He was frustrated that the 
new oral accusatory system gave too much discretion to 
prosecutors to plea bargain or dismiss charges, and did not 
sufficiently protect the victims of crimes, who in the past 
could appear as interested parties in penal cases. 

¶7. (C) We disagree with many of Gallon's views.  For 
instance, the Justice and Peace Law just overcame its largest 
constitutional hurdle.  But we will follow up on those 
statements that might have substance. 
WOOD