Click here for Full Issue of EIR Volume 22, Number 38, September 22, 1995

Interview: Alfonso Valdivieso Sarmiento

Colombianprosecutor general: 'I am trying to eanyout the lctw'

Colombian Prosecutor General Alfonso Valdivieso Sarmien­ legalization of the drug trade a$ an alternative to a military to lives in the eye of the hurricane currently sweeping Colom­ war against drugs, and asked V41divieso his opinion of those bia, as his officeis in charge of pursuing an investigation into who advocate drug legalizatio�. drug money infiltration into the political lifeblood of the The prosecutor general chdse not to comment directly nation, beginning with multimillion-dollar contributions on the views of others, but topk a strong personal stance from the Cali cartel to the electoral campaign of against drug legalization: I current President Pizano. "My position has been, a�d will continue to be very Valdivieso has taken as the model for his actions, his first different in every area: academi¢ally, personally, and profes­ cousin Luis Carlos Galan, the highly popular Liberal Party sionally. Drug legalization is liP absurd and simplistic way presidential candidate, who in 1989 was murdered by the of confronting this phenomen�n. . .. My opinion is that drug cartels. He also follows in the footsteps of other anti­ legalization makes no sense, !ind that the crime of drug drug martyrs, such as Justice Minister Rodrigo Lara Bonilla trafficking must be prosecutedt (murdered by the cartels in 1984) and Lara's success'Or En­ I rique Parejo (who barely survived an assassination attempt U.S.-Colombian cooper�tion in 1989). Almario raised the issue of farlier U. S. government sus­ Converted virtually overnight into the most threatened pension of evidence-sharing wfth the Colombian judiciary, man in , and simultaneously one of the most popu­ as the result of a heated confro�tation with De Greiff, whose lar, Valdivieso's efforts have come to represent the hope of appeasement policies toward the drug traffickersand militant all honest that the dignity of their nation can be advocacy of drug legalization �ad brought U.S.-Colombian restored after decades-long ravages by the drug cartels and relations to one of their lowest points. Valdivieso noted that their narco-terrorist allies. today, U. S. -Colombian collab�ration "is going well; it has The prosecutor general has received strong support from been partially reestablished, and we hope that it will be funy the Clinton administration, which has praised him for his reestablished." I courage and signalled its confidencein him by at least partial­ Information on narcotics tdlfficking garnered from U.S. ly restoring various information-sharing programs that had radar sites is once again being shared with the Colombian been suspended earlier. Valdivieso has the special, additional authorities. challenge of rescuing the reputation of his own office, a Almario mentioned to Pros¢cutor General Valdi vieso the relatively new post which, under the previous Gaviria admin­ slander coming out of certain i pro-drug political circles in istration, was held by Gustavo De Greiff, an open advocate Colombia, as well as from the �rug traffickers'defense ­ of drug legalization as well as a former business partner of yers, that Valdivieso is functiqning as an agent of the U.S. Cali Cartel boss Gilberto Rodriguez Orejuela. Drug Enforcement Administ$tion (DEA) , and therefore against the sovereign interests �f Colombia. On drug legalization Valdivieso responded: ! On Sept. 8,1995, Valdivieso granted an exclusive inter­ "That is a total and absolut4 fallacy. My positions, as the view to EIR's correspondent in Colombia, Javier Almario, individual who holds final responsibility for investigations who has himself received repeated death threats from the pursued by the prosecutor genetal's office,which arethe vast drug mafia.Almario discussed the role of various Colombian majority of the investigations,i have always been exercised notables, such as former President Alfonso Lopez Michelsen on the basis of my record deali�g with these problems. I feel or Valdivieso's predecessor De Greiff, who have proposed there is sufficient evidence of my view of the drug-trafficking either negotiating deals with the drug traffickers or outright problem. And, therefore, withlthat viewpoint, I can address

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© 1995 EIR News Service Inc. All Rights Reserved. Reproduction in whole or in part without permission strictly prohibited. the problem as it needs to be addressed by Colombian justice. possession and which is requested by the Accusations Com­ "No decision we have undertaken has depended on the mittee." f.' imposition or pressure of the .Absolutely every Almario pressed: "But does the rosecutor's office have decision obeys the criteria and orientation which, with regard conclusive evidence that implicates esideritSamper?" Val­ to the broad outlines of the investigations, I have been de­ divieso replied: "I cannot answer ye. or no." fending. And legal decisions, in particular, respond to the Almario asked about the role of morality in applying the autonomy that the prosecutors should and must have.What law. Valdivieso responded that "th¢ fundamental objective I is going on is that there has in the past been a great deal of of the prosecutor general's office is a legal objective.If in tolerance with regard to the drug trade, and so when the law applying the law, one derives lessons of a moral nature, or is truly applied, many are surprised.. . . amI a citizen who of an ethical nature, so much the better .. ..I do not believe was named to carry out the law, and that is what I am trying that one can be separated from the o�er." to do." i Will the punishment fit the crime? Investigating a President Almario touched on another sepsitive subject, namely Among the most dramatic revelations to have come out whether the drug kingpins who hav� been captured will re­ of Valdivieso's investigations is evidence that millions of ceive sentences to match their crime�.There was widespread dollars were funnelled by the Cali Cartel into the election outrage during the previous Colombi�n administration, when campaign of President Ernesto Samper Pizano. Almario Medellin Cartel chieftain Pablo Es¢obar was captured and asked Valdivieso to respond to those politicians within the jailed in a prison of his own constru¢tion, with guards of his ruling Liberal Party who warn that his investigations could own choosing, under conditions whlch enabled him to keep lead to the downfall of President Samper Pizano himself. running the drug trade and to deployiassassins at will, and to Valdivieso explained that his office is not constitutionally eventually escape. Several of Escobln"'s captured associates empowered to investigate the President, which is the purview have since been given relatively liglilt sentences, as has one of the Colombian Congress alone. However, he noted, his of Rodrfguez Orejuela's associates. office's responsibility is to produce any and all evidence Almario questioned how severe tre traffickers'sentences relevant to such a congressional investigation. can be, given the fact that cartel had a few years ago "In the first place, I am not carrying out the functions of negotiated a rewrite of the Colombian penal code in favor of the prosecutor general, nor am I directing the work of this their powerful clients. office, toward the overthrow of the President or any other Said Valdivieso: I official.The investigations have never had this intent, nor "That is a value judgment I do notshare. It is the existing have I. which we must apply.We are illa real situation, and we

"Secondly, I must fulfill my duties and my obligations, cannot act with hypothetical laws ..1 ••We hope to be able independent of individuals I know or who are my friends.In to apply the maximum sentences pos*ble, applying the maxi­ this sense, friendships or acquaintances that I may have do mum rigor of the penalties with the $inimum benefitspossi­ not prevent me from acting from a legal standpoint, nor do ble; that is, we will apply Colombi� law. they prevent those who work for the prosecutor general's "With regard to the properties oflthe drugtraffickers, we office from making decisions that could affect them, even if are collecting evidence that could en�le us to fully confiscate they are unfortunate decisions. That is simply doing one's their properties, given that many of tijoseproperties are in the duty." names of front men.If they are convi�ted for drugtrafficking, Almario noted that President Samper has significant po­ their properties can be confiscated $ the fruit of illegal ac- ' litical control in Congress, a fact which could affect the tivity." outcome of the investigation currently being conducted by Almario asked Prosecutor Genetal Valdivieso if he had the Accusations Committee of the House of Representatives , any advice for EIR readers and thos� they might influence, at Samper's behest.Valdivieso clarified: particularly in the United States, whb wish to collaborate in "It is written thus in the Constitution.The prosecutor's Colombia's battle to free itself of the plague of drug traf­ officeis in charge of investigations regarding the vast majori­ ficking. ty of Colombians.But there are those who fall under a special Valdivieso answered: jurisdiction.Those in the military face military justice.Those "I believe there exists a degree of collaboration on the in the Congress have to be investigated and judged by the part of those who, by whatever m�ans, are taking on the Supreme Court. The President has to be investigated and phenomenon of [drug] consumptiolli.Clearly, the best [ex­ judged by the Congress, with the first hearing in the Accusa­ pression of] solidarity is to reduce �g consumption in the tions Committee, and also by the Supreme Court. So, we United States so that it does not stirpulate the supply.Any have never investigated the President, nor could we .... reduction of drug consumption in th, United States helps us The prosecutor's office simply provides the evidence in our Colombians." !

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