Secret
International Narcotics Reviewr
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International Narcotics
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America: Certification Dilemmas
This year fourPeru, Bolivia, andbeen stigmatized by qualified US presidential certifications based on "vital US nationalecause they received less than full certification, all four countries appear concerned that they may be denied certification in the future. Such would exclude them from access to US aid and support fot multilateral lending and probably shake the confidence of many foreign investors]
The potentially serious consequences of not being certified axe fueling growing internal debate within some of these countries over the need to step up or adopt deeply unpopular antidrugforced drug crop eradication, extradition of traffickers, and the targeting of powerful narcotics kingpins. While these countries probably recognize, at least grudgingly, that US certification pressures provide them with incentives and opportunilies to perform better, (hey also resent what they perceive to be Washington's micromanagemeni of their domestic counlerdrug programs and lament that the tough measures they are encouraged to adopt could lead to unrest. The governments are likely to try to persuade Washington that any shortfallsear miss. Some may be tempted to paint modest antidrug accomplishments as perhaps more important than warranted. I-
esumption of forced eradication almost certainly would lead to atviolence. Two previous efforts in recent years had to be cutfarmers and members of labor unions launched attacksr leersconcern for vio-
lence is partly behind efforts uy sunie incmocrs urine congress to legalize cultivation of allundermining ihe basis for forced eradication.
Dl IN SFFRIP$
Washington's public approval of Bogota's antidrug performance isimportant for the Samper administration in Colombia as it tries to emerge from the stigma of public allegations that its electoral victory was underwritten by the Cali drug mafia. Bogota also wants Washington'scommitment that il will not interfere with Colombian access to loans from international financial institutions that the Samper administration believes are key to its ambitious social agenda; it appears less concerned over losing the modest amounts of direct US aid. Unless Samper is willing to put his political weight behind meeting the0 hectares of poppy and coca crops, advance legislation concerning money laundering and asset forfeiture,racking haven on San Andres Island, capture andrug kingpin or top lieutenant,plea bargaining discussions with high-ranking traffickers, and halt the flow of drugs to the US aboard the Cali mafia's large jetis not likely to be much progress. Even then, the government faces significant challenges:
Twolegislation and abandoning pleacongressional actions over which President Samper has shown linle ability to control. He recently decreed tougher terms for plea bargaining in drug cases, but the action has the force of law for onlyays. We doubt that thekingpins wield significantenact the required rtteasures byune.
Crop eradication efforts recently were seriously set back by stiff publicfomented byyriad of technical problems.I " ' |
Torug kingpin, stop drug flights, or close down San Andres Island, the government will have to overcome widespread corruption in the security forces thai in the past has allowed Cali traffickers totep ahead of the authorities.
He has said repeatedly and publicly that he will not eradicate mature coca plants withoul substantial increases in alternative development aid because doing so would create undue hardships for peasant growers. He claims that any efforts that leave peasants penniless might prompt them to increase their support for antigovernment rebels.
He has authorized the destruction of coca seedlings and plots of opium poppy because those efforts do not disrupt the livelihoods of peasants who already have active coca fields under cultivation. Evenack of transportation support for eradication workers and difficulty in locating poppyfields have seriously impeded eradication efforts so far this year.
Fujimori is likely to argue that the eradication of small seedbed plots is equivalent to the destruction of much larger plantations of mature coca.
Colombia: Valdivieso Pulling Pressure on the Traffickers
Since replacing Gustavo de Greiff inlfonso Valdivieso Sarmiento has attempted tothe office of Ihc Prosecutor General, or Rscalia, in ils efforts lo attack Columbian narcotics traffickers. In stark contrast to de GreifTs often questionable porilions concerning topics such as Colombia'spolicy and sentencing guidelines, Valdivieso has used the office to consistently back aggressive legal measures designed to bring traffickers lo justice, reduce Instituiional corruption, and strengthen penal-ties and scntencesJ
The Unlikely Candidate Replaces the Loose Cannon
Valdivieso was widely considered Ihe weakest of three candidates presented to the Colombian Supreme Court in4 to replace de Greiff, who had reached mandatory retirement agej
[TheuuiuiiLiu
esident Gavina. President Samper, and Vice Presidentaldivieso. former Attor-ney General Carlos Gustavo Arrieta. and the Dean of Javcriana University law school, Juan Carlos Eagucrra. Arrieta and Esgucrra were thought lo belosefor the position, with Esguerra generally believed tolight edge over Valdivieso and Arrieta. However, despite concerns about Valdtvieso's lack of background with Colombia's criminal justice system, he was the overwhelming choice of the Supreme Court, who rejected both Gaviria's candidate (Arrieta) and Samper's choicee believe that, out of consideration for Valdivieso's sparse legal
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credentials and other, broader polilical concerns, the Supreme Court ruled that Valdivicso could sit as Prose-cuior General only (or the remainder of de Greiff'* term ratlvcrull four-year period and that he could not he reappointed at the end of his tcrm.j
During his term as Prosecutor General, thede Greiffreat deal of independence, often disregarding administration and international pressure to adopt tougher positions on investigating and prosecuting drug traffickers. His view of the Colombian Criminal Procedure Code allowed for active coopcrat-on with suspected narcoticsHe offered lenient sentencing guidelines totraffickers and provided legal documents ensuring safe passage to high-level ual-fickcrs whose cases were under investigation. In eral, de Greiff. although never directly linked to corruption in the Prosecutor Generals office, was reluctant to prosecute kingpins and their associates, and he often resisted cooperation with the United Stales in international efforts to target them.
reporting. By the end
i piqued by inierruuional criticism and poor relations with the Gaviria adminis-iralion. publicly viewed ihc narcotics struggleailure and voiced support for drug legalisation.
such trial against ain earlyikewise, the Fiscalia has closed itsof Gilhcno Rodriguez Orcjucla and is expectedn indictment against him, I
We believe that the centralisation of legal cases against the kingpins in Bogota will allow for much greater personal control by Valdivicso or trustedand is likely to reduce the level of corruption that surroundedutore charged with handling all kingpin cases. This team of prosecutors conducted and closed its investigation of Miguel Rodriguez Orcjucla in less than four months, in contrastimilar investigation by the prosecutor's office in Cali that languishedforear. In addition. Valdivicso removed corrupt prosecutors including the chiefIn Caliormer personal assistant to de Greiff who headed the investigation against Pacho Hen-era. P
Removing
a Difference In Prosecutions
Valdivicso has made numerous significantderack as Prosecutor General.under the same Criminal Procedure CodeGreiff. his interpretation and initiatives havemore hard line The most important andof Valdivieso's initiatives concerns theof two kingpins and trial in absentia ofOrcjucla. Almost immediately uponValdivicso ordered thai the administrationoutstanding cases against Cali kingpinsGilberto Rodriguez Orcjucla. lose Santacruzand Helmer "Pacho" llcrrera Buitrago beCali lo Bogota, according to
press reporting. Since Inen, the Fiscaua issues an indictment against Miguel Rodriguez Orejuela fortrafficking, and his trial infirst
In another glaring departure from hisValdivicso revoked guarantees of satede Greiff had issued to Pacho Herrera andCali traffickers. Dc GrcifTs questionableof the law provided near immunity toduring an Ig-month review of theirpublicly svjjced his strongthis interpretation and revoked thereports.
Valdivicso also issued statements stressing that de Greiff's liberal interpretation of Colombia's surrender policy and Ihe lenient sentences granted to traffickers would no longer stand. As panabinet-level commission convoked by President Samper, Valdivicso is currently studying the surrender process.
While he ad mils ihai Colombia's surrender program is valid, he insisis ihai ihc sentences should reflec; ihc scope of ihc crimes commiued. I
IjmilMlft integral'ig suiicnun process; traffickersaot be granted credti for past cooperation with authorities, and the cases of ihosc who received reduced senierces will be reviewed, accordingress reports.!
chance thai il will be reinstated
Valdivieso recently staled thai the issue of extradition should be revisited, indicating his frustration with the Colombian judicial process and possiblyounieimg ihc influence of narcotic iAlthough cil'adKion oll;oculs was declaredaldivieso. with ihc support of the chairman of use Consiiuxional Court, declared that ihe rxacitcc should be restored ifabilityct Colomkan Ii* cooTlnucs. according "Tress reports. Nevertheless. President Sarnfrr and other administration officials immediately rejected Ihe proposition, and. despite Valdi view's assertionecent poll that foundajority of Colombians supports extradition, there is
The Traffickers Respond
Traffickers undoubtedly arc viewing Valdivieso's interpretations of the penal codeeasure of anxiety They realiic (hat, if fully implemented, these proposal* will drastically reduce the legal opuons left to them. In response, traffickers have engaged inattempts to counter his actions and to remove him from office-
Outlook
Wc believe Um Valdivieso Is sincere in his efforts to eonirol the influence escrted by traffickers over Colombia's justice system and that ihe various trafficker reactions arc evidence of his successes. The US Embassy often refers lo Valdiviesoajor ally ir. the counumarcoOct struggle and consistently gives hint high marks for his initiative andto work with US officials In Colombia. Valdavicso'i efforts an well received, and he is often referred so as one of the few creative and energetic members of the Samper administraiion. Valdivieso his garnered suppon from varied sectors ofsociety, including many journalists and some members of ihe Sampei administration. most notably Viceumbcrto De la Callc. according to Embassy and piess reports. Valdivieso is viewed as honest and hardworking; the resultsecent poll by Semana magazine showed him iohree-io-one approval fating and that public confidence in the Fiscalia had increased since he look ojfice.
President Samper, on ihc other hand, hai beenn his support of Valdivics;i'i initiatives In addmonndent opposition of extradition. Samper has been reluctant to enthusiastically back aggressive legal action against traffickers aad has expressed contrary opinionsregard toougher surrcrdef policies, according to Sute Department and press reporting. Samper does realue tne necessity of strengthening Colornbia'ssystem and ai nmc* has echoed Valdivieso's calls for its Improve mem.
It is unclear if lasting change in the Fiscalia willlong after the remainingonths of valdivieso's tenure as Prosecutorhe office and the position arc largely personality driven, and many of the statutes that govern the post are open to the interpretation of the silting Prosecutor General. Although Colombian traffickers will undoubtedly attempt lo influence the appointmentewGeneral with opinions of ihe penal code more favorable to them, wc believe that it will be difficult for Valdivieso's successor to depart radically from current interpretations.
Brazil: Traffickers Relying Increasingly on the Amazon River Network1
As interdiction efforts in Peru and western Colombia and, increasingly, ihe western border regions in Brazil.
are increasing pressure on cocaine traffickers, the Amazon Riverils vast river network, ability to handle large cargoes, several Brazilian free trade zones, and largely uncontrolled bordercontinues to offer Ihern an attractive alternative for drug and precursor chemical shipments. Traffickers arc also taking advantage of the Brazilianprolonged inability to monitor ports and cities in ihc region and their political influence in key cities. Initiatives by Ihe Brazilian Federal Police (DPF) to curtail riverine trafficking in the Amazon region are
limited by budgetary and manpower constraints]
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to press reports, the chief of Interpol in Brazil has said that the Amazon River is one of the principal routes For moving cocaine from the interior of South America to the
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Diverting Their Routes
Amazon River and its tributaries serve as conduits for drugs bound eastward for domestic andmarkets and for chemicals transiting westward to cocaine processing laboratories in Colombia, Peru,
1 TtBlUcktrscocaine mo Braid byiver, and overland. Thii article will dtfcua only riverine triniponiwnrnecnridi nam
'.iiii'l'ii infl Ptruvinn boide: inio Brill!.
Attrscdons for Traffickers
The Amazon River's ability to accommodate large-size vesselsigrrificani factor in facilitatingthrough Brazil. An international waterway
IS UTftP5
Century-old reciprocal agreements between Brazil and bordering nations guaranteeing free transit ofalong the Amazon system alio* riverine traffic to flow virtually unchecked. Border control measures for vessels arriving and departing the Amazon Trapezium are virtually noncxisienlj
Trafficker influence in the river cities of Caballococha, Peru; Tabaiinga. Brazil; and Lcttcia.center for the production of cocainekey lo facilitating drug and chemical shipments through the Amazon Trapezium:
Original document.
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