Cablegate: Demobilization Law: Article 61 and 64 Pass

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 BOGOTA 005305

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PTER KJUS PHUM SNAR CO
SUBJECT: DEMOBILIZATION LAW: ARTICLE 61 AND 64 PASS
COMMITTEE

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Summary
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1. (SBU) On June 1, the Senate Second Committee and the House
Third Committee approved re-inserting articles 61 and 64 into
the text of the Justice and Peace Law, which could be debated
in the full Congress as early as June 9. Article 61 allows
all prisoners to be eligible to reduce their sentences by one
tenth. The committees voted to exclude criminals guilty of
crimes against liberty, sexual crimes, human rights
violations, and drug trafficking. Article 64 makes
paramilitarism an act of sedition, which is a political
crime. The committees added text specifying that Colombian
Law 67, based on the Vienna Convention, would remain active.
It states that drug trafficking cannot be a political crime.
End summary.

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Article 61 and 64 Approved
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2. (SBU) In mid-May, the Senate and House plenaries approved
appeals to permit committee re-votes on articles 61 and 64 in
the Law for Justice and Peace (the articles were rejected
during the initial First Committee debate in April). On June
1, the Senate Second Committee (defense, foreign relations,
and trade) and the House Third Committee (economics) each
approved both articles with minor modifications. (NOTE:
Once the plenaries approved the appeals, the head of each
house personally selected the committees in which the
articles would be reviewed. END NOTE.) Article 61 makes all
prisoners eligible to reduce their sentences by one tenth if
a judge determines that they have behaved well, agree not to
commit future crimes, cooperated with the justice system, and
gave reparations to victims. The committees added text to
exclude prisoners guilty of crimes against liberty, sexual
crimes, human rights violations, and drug trafficking.

3. (SBU) Support for Article 61 has been mixed. Proponents
argued that it was unjust to offer reduced sentences to the
demobilized without also offering them to all prisoners. The
GOC had indicated in April that it was indifferent about the
article, but would accept Article 61 if Congress passed it.

4. (SBU) Article 64 states that a clause will be added to the
normal criminal code that makes members of paramilitaries
guilty of sedition. It states that sedition will carry the
same punishment as rebellion, which is a political crime.
The committees added two changes: (1) guerrillas are also
guilty of sedition. (2) Colombian Law 67, based on the
Vienna Convention, will remain active. Law 67 states that
drug trafficking cannot be a political crime or connected to
a political crime.

5. (SBU) The GOC has insisted that Article 64 is necessary to
treat paramilitaries and guerrillas equally under the law and
equally eligible for pardon for having belonged to an illegal
armed group. The GOC has repeatedly said Article 64 will not
make major crimes, including drug trafficking or human rights
violations, ineligible for extradition. Opponents, however,
have argued that a paramilitary could claim that his major
crimes were related to sedition and therefore political
crimes and not extraditable under the Constitution. We have
urged the GOC to insert language clarifying that serious
crimes cannot be connected to political crimes.

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Plenary Debate Next
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6. (U) Both articles will be re-inserted into the draft text,
which could be debated in the full Senate and House as early
as June 9. The congressional session ends on June 20, giving
the Congress less than three weeks to debate the law, as well
as other urgent legislation. Peace Commissioner Restrepo has
said that there may not be enough time for Justice and Peace
to pass, in which case the GOC would present the draft during
the next session which begins on July 20. Under Colombian
law, debate on Justice and Peace, as ordinary legislation,
may carry over to the subsequent Congressional session.
WOOD

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