VARIOUS JUDICIAL REFORMS BOGOTA rUSCEKTLY PUT IN PLACE ARK AM INTrOUM.F PRESIDENT GAVIRIA'S CAMPAIGN TO END DRUG VIOLENCE WHILE STILL KEEPING PRESSURE ON THE TOP TRAFFICKERS. ENACTED IN JAKvARY UNDER DECREEHEY ARE GAVIRIA'S INITIAL STEPS TO STREAMLINE THE LEGAL PROCESS, S-STYLED PROSECUTORIAL SYSTEM OF JUSTICE, AND INCREASE THE PROTECTION Or JUDGES SO THAT COLOMBIA CAN ENHANCE ITS ABILITY TO INVESTIGATE AND PROSECUTE TRAFFICKERS AT HOME. TO THIS END, 0 MAKES THE FOLLOWING ALTERATIONS IN COLOMBIA'S JUDICIAL SYSTEM:
SPECIAL ANTIDRUG COURTS ESTABLISHED UNDER FORMER PRESIDENT BARCO ARE COMBINED WITH EXISTING PUBLIC ORDERHERETOFORE RESPONSIBLE FOR TERRORISM AND VIOLENT CRIMES--TO FACILITATE THE PROSECUTION OF THE MOST VIOLENT DRUG TRAFFICKERS.
X--FROM TKE ORIGINAL POOL OF 1O0 SPECIAL AND PUBLIC OBDER JUDGES. THE GOVERNMENT REPORTEDLY HAS SELECTED THEEST QUALIFIES TC PRESIDE OVER THE NEW COURTS.
X--THE DECREE ESTABLISHES FIVE JUDICIAL CENTERS: MECELLIN, CALL BARRANQUILLA. CSCVTA. AND, FOR TKE MOST SENSITIVE CASES. BOGOTA.
X--TO ENHANCE SECURITY, ONLY THE DIRECTOR CF EACH CENTER IS TO KNOW THE IDENTITY OF JUDGES TRYING SPECIFIC CASES; EARLIER PLANS ORTIFIED JUDICIAL "CITIES" WHERE JUDGES WOULO LIVE ASC WORK HAVE APPARENTLY BEEN POSTPONED.
GAVIRIA REGARDS DECREE HVftU -TERM EFFORT TO STRENGTHEN
AS ONLYLLE BELIEVE HE PASSAGE OF EV ASSEMBLY, WHI
POLICE REPOhTEOLY HAVE BEEN GRANTED INCREASEDINITIATE AND CONDUCTREROGATIVEUNDER COLOMBIA'S INQUISITORIAL SYSTEM OF JUSTICE SOLELYPRESIDING
JUSTICE SYSTEM. IN THIS REGARD, MEASURES TO PAVE THE WAY FOR THE
MORE COMPREHENSIVE REFORMSHE CONSTITUENT WILL BE MEETING THROUGH JULY TO REWRITE COLOMBIA'S
CONSTITUTION.J^B]
THE LACK OF TRAFFICKER RESPONSE TC THESE INITIATIVES SUGGESTS, AT LEAST OVER THE SHORT TERM, THAT THE INDUSTRY IS MORE CONCERNED KITS AVOIDING EXTRADITION THAN WITH FACINGEFORMED COLOMBIAN
LEGAL SYSTEM. THE TRAFFICKERS ARE PROBABLY COUNTINGRADITION OF JUDICIAL INCOMPETENCE AND INERTIA. COUPLED WITH THEIRLTTIES TO INTIMIDATE AND BRIBE, TO IMPEDE INITIAL PROGRESS. THEY
6
HOFORN.N
PN, NOCONTRft^T. ORCON
ARE ALSO LIKELY TO BELIEVE THAT THEIR PENETRATION OF LEGAL HEM TO STIFLE ADDITIONAL EFFORTS
WORK-j
INSTITUTIONAL IMPEDIMENTS
IN CUR JvCGMENT, THE TRAFFICKERS' CONFIDENCE IS WELL PLACED, PARTICULARLY AS GOVERNMENT OBJECTIVES SEEM TO BE JEOPARDIZEDARIETY OF INSTITUTIONAL AND OTHER IMPEDIMENTS. FOR EXAMPLE, EVEN THOUGH THEPECIAL JUDGES ARE REPORTEDLY THE BEST MAGISTRATES IN COLOMBIA, THEIR COLLECTIVE PERFORMANCE ON NARCOTICS HAS BEEN POOR. A
; :: ' "
ANTINARCOTICS COURTS, MISERS THEY WERE UNSUCCESSFUL IN DEVELOPING ANY SIGNIFICANT NARCOTICS INVESTIGATIONS IN RECENT YEARS. THIS FAILURE TOOK PLACE EVEN THOUGH THEYOMPREHENSIVE DRUGROWINC SOD! OF EVIDENCE, AND A'. EXPANDING POLICE TORCH TC HELP ASSEMBLE CASES.
SEVERAL LEGAI, EXPERTS. MEANWHILE, WARN THAT FOR BUREAUCRATIC AND OTHER REASONS THE NEW COURTS MAY OBSTRUCT EFFORTS TO TURN MORE OF THE INVESTIGATIVE AUTHORITY OVER TO THEEY STEP IN THE CREATIONROSECUTORIAL SYSTEM OF JUSTICE. THE NEW DECREE. FOR INSTANCE. IS NOT CLEAR AROtlT NOWRANSFER IS TO TAKE PLACE; MANY JUDGES REPORTEDLY FEAR THAT GIVING INCOMPETENT AND UNTRAINED POLICE THIS ADDED POWER COULD LEAD TO GREATER HUMAN RIGHTSHEME TRAFFICKERS ARE USING IN AN EFFORT TO BLUNT POLICE OPERATIONS IN MEDELLIN AND ELSEWHERE. IN THIS CONTEXT, BOGOTA'S PLAN TO ASSUAGE HUMAN RIGHTS CONCERNSDDING ADDITIONAL INVESTIGATORS TO THE
INDEPENDENT WATCHDOG
COULD WORK TO THE TRAFFICKERS' ADVANTAGE BY PLACING POLICE
OPERATIONS UNDER EVEN GREATER SCRUTINY. FINALLY, EVEN THOUGH BOGOTA HAS RECENTLY NARROWER THE RANGE OF JURIDICAL DRUG, VIOLENCE, AND TERVCK-SM CASES. MAGISTRATES KAY NEVERTHELESS FACE AN OVERWHELMING WORfLOAI. THIS WOvLIJ FORCE THEM TC CHOOSE WHICH INVESTIGATIONS TO PURSUE, THEREBY OPENING THEM TO PRESSURE FROM TRAFFICKERS WHO WAN? THEIR CASES DROPPED.
TRAFFICKER CAI
BEYOND THE INSTITUTIONAL IMPEDIMENTS THAT WEAKEN THE REFORM
HOFORN,NOCONTRACT.ORCON
NOFORN,NOCONTBACT,ORCON
EFFORT, "RAFF1CKF.RSUMBER OF WAYS TO PROTECT THEIRCHIEF AMONG THESE ARE EXTENSIVE CONTACTS INSIDE AND OUTSIDE GOVERNMENT AND THEIR PROVES ABILITY TC USE INTIMIDATION AND CORRUPTION TO ACHIEVE THEIR GOALS.
TNE REP*
EXAMINING JUDICIAL REFORM AND HUMAN RIGHTS ISSUES rAVIU^ nun TRAFFICKER SYMPATHIZERS AND EXTRADITION OPPONENTS. ITS CHAIRMAN HAS ADMITTED THAT Til ERE IS LITTLE CHANCE OF SAVING EXTRADITION AND HL BELIEVES THAT, DESPITE HIS SUPPORT, MANY OF GAVIRIA'S OTHER JUDICIAL REFORMS ARE IN JEOPARDY. TO UNDERSCORE THIS, THE CHAIRMAN HAS IDENTIFIED ONE COLLEAGUE WHOORMER SUPREME COURT JUDGE AND NARCOTICS DEFESSE LAWYER. HE ALSO REPORTEDLY HAS STRONG TIES TO THE NAME TERAN FAMILY--LI SEHAL PARTY POLITICAL ROSSES FROM PAR RANG U- MA WITN LONG ASSOCIATIONS TO NORTH COAST TRAFFICKERS. IN THE SAKE VEIN, DRUG INTERESTS ALSO WILL BENEFIT 3Y THE ELECTIONORMER ME DELL IN'ADVOCATES NEGOTIATIONS WITH TRAFFICKERS AND THE ABOLITION OFTHE CHAIRMAN OT ANOTHER ONE OF THE
assembly's five major commissions. in cor judgment, these and othpr well-placed persons give drug interests the capability to achieve more than their primaryconstitutional ran on extraditionand to push forward other measures to retard drug investigations, these would include prohibitions on the use of foreign-supplied evidence and restrictions cn the governmentuthority to select the venue for trials.
THE VULNERABILITY OF THE JUDICIAL SYSTfeM TO BRIBERY AND INTIMIDATION ALSO CONTINUES TO WORK TN THE TRAFFICKERS' FAVOR.1
IF EXPOSED, UNCOOPERATIVE OFFICIALS WILL LABOREAVY THREAT OF ASSASSINATION. THIS DANGER PERSISTS DESPITE SEVERAL RECENT SUCCESSFUL GOVERNMENT AT'ACKS CN MEDELLIN ASSASSINS. FOR EXAMPLE, MEDELLIN POLICE BELIEVE THE GANG OF SOMEWF.HL RESl'UNPiSLE OR THF RECENT "AR BOHR III MEDELLIN THAT KILLED EOPLE, INCLUDING 10 POLICE, EVEN THOUGH THE NETWORK HAD REPORTEDLY BEEN CRIPPLEDERIES OF POLICE RAIDS IN WHICH ITS TOP LEADERS WERE KILLED. IS ADDITION, SEVERAL OTHER MEDELLIN ASSASSINATION SQUADS HAVE BECOME INCREASINGLY ACTIVE IN THE PAST MONTH, REPORTEDLY SEEKING REVENGE AGAINST HIGH-LEVEL POLICE AND JUDICIAL OFFICIALS FOLIOWING STEPPED-U? OPERATIONS AGAINST THEM-
U'JTLOOK
THE OVERLY LEGALISTIC MENTALITY OF SENIOR JUDICIAL OFFICIALS MAY PROVE TO BE THE MOST INTRACTABLE BARRIER TO THEANS ARE ENCOURAGED IN LAM SCHOOL TO OR DATEHK fcXTTuiSETHE PHILOSOPHY AND NUANCE OFRACTICE THAT PREVENTS CONSENSUS, SLOWS THE ADJUDICATION PROCESS, ANi: MORKS TO THE ADVANTAGE OF TKE MOST SKILLFUL LAWYERS, WHO TEND TO SERVE THE TRAFFICKERS RAT.4ER THAN THE GOVERNMENT. THIS MENTALITY TS REFLECTED IN THE OPERATIONAL STYLE OF JUSTICE MINISTERORMERURT JUDGE, WHO MAS BECOME INCREASINGLY OBSTRUCTIONIST WITH REGARD TO EVIDENCE SHARING AND OTHER LEGAL ISSUES AIMED AT IMPROVING BILATERAL EFFORTS TO COMBAT THE DRUG TRADE. MANY COLOMBIAN LEGAL EXPERTS WARN THAT IT WOULD BETHE JUDICIARY OVERCOMES THIS PROBLEM, AN IMPORTANT STEP IN PREPARING THE KAY FOR THE MOST RADICAL JUDICIAL REFORMS SUCHROSECUTORIAL SYSTEM. "
Pago 9
NOFORN,NOCONTBACT,ORCON
ITEMOLOMBIA: NEW OPTIONS FOB MONEY LAUNDERING
MONETARY REFORMS ENACTED IN EARLY FEBRUARY MILL EXPAND TNE POTENTIAL FCR DRUG TRAFFICKERS TO LEGALLY REPATRIATE AND LAUNDER THEIR FUNDS IN COLOMBIA WITHOUT HAVING TO RELY ON FRONT COMPANIES, ILLICIT OFFSHORE ACCOUNTS, AND BLACK-MARKET FOREIGN EXCHANGE TRADERS. DESPITE REQUIREMENTS TO RECORD LARGE US CASH TRANSACTIONSEANS TO DETER MONEY LAUNDERING, KE BELIEVE IT WILL SPURIN DIFFICULT FOR BOGOTA, GIVEN LIMITED RESOURCES, TO GO AFTER DRUG MONEY, AND IN SOME WAYS THE NEW MEASURES COMPLICATE GOVERNMENT EFFORTS.
BACKGROUND
DRUG MONEY LAUNDERING IN COl-OMBIARITICAL ROLE IN DRUG TRAFFICKING OPERATIONS. THE FLOW OF FUNDS FROM SALES AND DISTRIBUTION CENTERS IN THE UNITED STATES AND WESTERN EUROPE TO COLOMBIA ENABLE TRAFFICKERS TO SUSTAIN THEIR OPERATIONS AND LAVISH LIFESTYLES AND WIELO ECONOMIC ANO POLITICAL CLOUT. DRUG GROUPS USE REVENUES REPATRIATED TO COLOMBIA TO PAY PERSONNEL, PURCHASE EQUIPMENT AND COCA PRODUCTS, AND INVEST IN THE ENTERPRISES NEEDED TC PROCESS AND TRANSPORT NARCOTICS.
NOFORN.
NEW OPTION? TO LAUNDER FUNDS
KF. BELIEVE THESE NEW REGULATION'S GIVE TRAFFICKERSTO REPATRIATE THEIR FUNDS, RUTOVERCONTINUE TO USE ESTABLISHED SURREPTITIOUSHAVE WORKED SUCCESSFULLY IN THE PAST. UNLIKE TRAFFICKERS ACQUIRED THEIR FUNDS ILLEGALLY, ANDTHE DOCUMENTATION OF LARGE HARD CURRENCY ACCOUNTS THATNOW REQUIRES MAY PERSUADE MANY TRAFFICKERS TO STAYI NG ME HODS. THE FKON? COMPANIES, OVERSEAS ACCOUNTS,
MARKET FOREIGN EXCHANGE TRADERS THEY HAVE USEDYSRS OF
IHAT MAKE IT DIFFICULT
THEIR WEALTH. FURTHERMORE, MANY OF THEIR ACCOUNTS IN OFFSHORE BANKING CENTERS ARE SUBJECT TO MINIMAL OR SO TAXATION, AND WE BELIEVE TRAFFICKERS HILL WANT TO KEEP MANY OF THESE LIQUID FINANCIAL ASSETS OVERSEAS. |
BEGIN BOX
MONEY-LAUNDERING METHODS
A WIDE VARIETY OF METHODS HAVE BEEN USED TO REPATRIATEHARD CURRENCIES IN COLOMBIA. THESEOF WHICHWILL CONTINUE TOSED--RANGE IN COMPLEXITY FROMOF CASH INTO COLOMBIA TO WIRE TRANSFERSFINANCIAL TRANSACTIONS TO DISGUISE THE ORIGIN OF SOUKO STATES THAT "SWAPS" AN TRSCT-LIH3S-
SECRET NOFORN,NOCONTRACT,ORCON
CENTRAL REPOSITORY FOR THIS INFORMATION AND INVESTIGATORS WILL HAVE TO REQUEST RECORDS DIRECTLY FROM THE JUDGE WHO HAS JURISDICTION OVER THE HANK. THE INABILITY OF THE OFFICE OF PPOC'JRADOR GENERAL OR THE 3AKK SUPERINTENDENCE TO COLLECT AND ANALYZE THIS INFORMATION KILL FURTHER WEAKEN THE REFORM'S USEFULNESS.
WE BELIEVE THE OFFICIAL IN THESZ POSITION TO MAKE NOTICEABLE PROGRESS IX COMBATING MONEY LAUNDERING IS PROCCRADOR GENERAL CAfcLOS
5TAVO
PROCURATOR. ALTHOUGH HE IS IN THE PROCESS OF FORKVLATTMG AN AGENDA TO COMBAT NARCOTICS AND HAS YET TO MAKE PUBLIC STATEMENTSTRATEGY TO ATTACK DRUG WEALTH, II REPORTS THAT HE HAS EXPRESSED AN INTEREST IN CORRUFT GOVERNMENT OFFICIALS AND CLAIMS HE WANTS TOEPRESSIVE POLICY IN DEALING WITH TRAFFICKERS. IN THIS REGARD, WE BELIEVE HE KAY BE OPENORE COHERENT AND AGGRESSIVE PROGRAM AGAINST DRUG WEALTH AS ONE MEANS TO
Original document.
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