Supreme Court dismisses Reyes files as evidence

[Judi Lynn]

Supreme Court dismisses Reyes files as evidence
Wednesday, 18 May 2011 22:36
Adriaan Alsema

Documents found on computers of slain FARC commander "Raul Reyes" are inadmissible as evidence in court as the material is illegally obtained and provides no evidence, Colombia's Supreme Court ruled Wednesday.

The court said so in the case against former socialist congressman Wilson Borja, who had been charged of collaborating with the FARC based on material found on the computers retreived from the Ecuadorean camp of Reyes after it was bombed by the Colombian air force and raided by the Colombian army.

According to the court, the military officials who obtained the evidence were not authorized to gather evidence to be used in Colombian courts, because this falls under the responsibilities of the judicial police.

Except for the Prosecutor General's Office "no other power in the country has the authority to bring evidence from abroad, even less when ignoring foreign authorities," said the court. The validity of the content of what was found on the computers can also not be verified as the alleged emails were copied into Word documents without indication of sender or receiver, the country's highest court said.

More:
http://www.colombiareports.com/colombia-news/news/16368-supreme-court-dismisses-reyes-files-as-evidence.html

[Judi Lynn]

1. So sad, isn't it, for the Uribe administration? They were trying so hard to get Wilson Borja,

one way or another. Now their "evidence" from the Magic Computer has been pitched.

Wilson Borja has been a fantastically courageous Colombian man, who has stared death in the face for a long, long time, due to his political identity.

Here's what happened to this man:

http://www.elespectador.com.nyud.net:8090/files/images/nov2008/968459963c665eb3cbc1e2ce1f6fae1b.jpg

http://www.theglobalreport.org.nyud.net:8090/issues/101/wilson%20borja.GIF http://www.semana.com.nyud.net:8090/photos/generales/ImgArticulo_T2_46464_2007719_123558.jpg

"The car in which Wilson Borja traveled with his two bodyguards received 57 shots."
oog
... And where is the largest Maldonado, the officer who attacked Wilson Borja?

JUSTICE Following the ruling of the Supreme Court in sentencing in the case of attack against the union, the obvious question is: What was the Army officer who participated in the criminal action? "He went with the paramilitaries?
Monday July 23, 2007

The Supreme Court considered correct the decision that condemns the largest (r) César Alonso Maldonado Army for 27 years and nine months in prison. The reason for the decision is that the judicial inquiry found him responsible for the attack against Wilson Borja then trade unionist, now House Representative for Bogota. Criminal action occurred on December 15, 2000 and was ordered by Carlos Castaño.

The Court's decision is a response to an appeal filed by the defense of the military. That legal form used to request the revocation of a sentence when it is considered incorrect.

But in its ruling, the Court reiterates that the Army had more responsibility for what happened that day. At 6:15 am, Bob left his home to the headquarters of the National Federation of Public Employees, of which he was president. He was accompanied by his two bodyguards. Suddenly, they were attacked by a gang of eight people traveling in cars and motorcycles. The gunmen released a blast against his victim.

http://www.semana.com/on-line/donde-esta-mayor-maldonado-oficial-atento-contra-wilson-borja/105158-3.aspx
Google translation

~~~
Spanish Wikipedia, google translated:
Wilson Borja Díaz , Colombian politician and trade unionist born in Cartagena de Indias . Throughout his life, has played its role as defender of the lower classes within the ranks of the Colombian Communist Party , the Patriotic Union , recently in the Social and Political Front and currently in the Polo Democrático Alternativo . He served for several years president of FENALTRASE (National Federation of State service workers) and with close links to the CUT and the USO . <1>

Throughout his life, has been negotiating peace in the armed conflict in Colombia , being the representative of the union sector in the negotiations between the government of Andrés Pastrana and the rebel group ELN in Havana, Cuba.

Has been the victim of several attempts on his life, his political activism and his work at fernte unionism. In December 2000 he was the victim of an assassination attempt against his life when he was injured. <2>

As representative to the camera in Bogota, bills championed rights of workers, carrying out a strong opposition to the policies since then implanted the president of Colombia, Álvaro Uribe Vélez . In 2006 sucked back into the House of Representatives, a position which was ratified until 2010.

http://es.wikipedia.org/wiki/Wilson_Borja

[Judi Lynn]

2. Excellent article by Wilson Borja, a target Uribe hoped to bring down with the magical laptop.

Thursday, January 08, 2004

An old legend says that when God made Colombia, St Peter questioned “Why have you given so much natural wealth to one country?� God replies, “You haven’t seen the leaders I will give them yet�.

It is this same wealth which is at the heart of the West’s close interest in Colombia, and it is this same poor leadership which explains why Colombia has so frequently handed it over to them. For despite Colombia’s possession of 16 of the world’s 22 most desirable resources, including oil, gold, platinum, emeralds, and some of the richest soils in the world, 68 per cent of Colombians live in poverty. While 2.5million families have no homes and 3.5million children have no school place, a mere one per cent of the population own well over half of Colombia’s land.

This wealth could benefit not just Colombia’s people, but the ‘many’ across the world. The fact that it has only benefited a few at the top, explains the 19 conflicts which have blighted Colombia since independence. The current conflict has lasted 55 years, and claimed the lives of millions. This war is a dirty war, conducted not between armies, but by a proxy paramilitary force working with the official armed forces and inflicting murder, torture and displacement on innocent civilians, while claiming to fight a leftwing guerrilla insurgency – most notably the Revolutionary Armed Forces of Colombia (FARC) and also the smaller ELN group.

Since 1953 there have been nine peace processes, each convincing certain guerrilla factions to disband. In every instance, the guerrilla leaders who agreed to re-enter civil society have been assassinated. In 1985, for example, the FARC agreed to a ceasefire, to form a political party – the Patriotic Union – and to contest elections. In the following months, two presidential candidates, scores of elected Congressmen, regional deputies and local councillors and over 3,000 party activists were assassinated.

More:
http://www.zcommunications.org/colombias-winds-of-change-by-wilson-borja

[Bacchus39]

3. interesting technicality. looks like the traitor Cordoba may get a second life as well n/t

s

[bemildred]

4. A stirring example of judicial independence. nt

[Bacchus39]

5. it is that. we don't see that from Colombia's neighbors as much n/t

s

[bemildred]

6. It's stirring to see it, anywhere one does see it. nt

[Peace Patriot]

7. That's so rightwing of you, Bacchus39--to twist the death of the "miracle laptopS" as a

propaganda tool against the Left, into yet another RW slander against Venezuela and Ecuador. I presume you don't mean Brazil, Peru or Panama--just the Pentagon/CIA oil targets on Colombia's borders. Funny, how rightwing "talking points" always serve those interests. The Ecuador court's judgement against Chevron-Texaco must be getting under RW/corporate skin, big time.

You've just put yourself under the jurisdiction of my "rule of thumb" for Bushwhacks: Whatever they say, the opposite is true; whatever they accuse others of doing, they are doing or planning to do. It's a pretty reliable guide for RW/corporate propagandists in general. And I gather from this that RW/corporate efforts have been under way to suborn the courts in Ecuador and Venezuela.

We already know that Bush pal, Alvaro Uribe, was spying on Colombian judges and prosecutors, and that the judges and prosecutors received death threats from Uribe's thugs. And we can reasonably surmise that Uribe's spying on judges and prosecutors made it easy to tip off the spying witnesses against Uribe--seven of whom fled the country--and that the spying also aided and abetted the Uribe/Brownfield (U.S. ambassador) midnight extraditions of death squad witnesses to the U.S. (and their burial in the U.S. federal prison system by complete sealing of their cases)--all of this over the objections of Colombian prosecutors.

My "rule of thumb" (derived from your "talking point" implying that Colombia's oil rich neighbors, Ecuador and Venezuela, don't have independent courts) points to the same program in play in Ecuador and Venezuela, i.e., efforts to spy on, bribe, threaten and undermine the courts in Ecuador and Venezuela as well. Maybe a bit trickier in those countries--without a tool like Uribe in charge, to carry out the surveillance and clue in the handkerchief-over-the-mouth gangsters. Probably requires top-of-the-line Pentagon/CIA technology and black ops--something more sophisticated than the "sting" operation that Chevron-Texaco used against the first judge in the oil spill case and better than that CIA caper out of Miami ("Guido" and the "suitcase full of money') trying to slander Chavez and prevent the election of a leftist president in Argentina.

I think we can probably expect highly sophisticated sex and money scandal set-up's in a vile, subterranean attack on honest judges in Ecuador and Venezuela. That's what I'm getting from your use of the invalidation of this crap "evidence" against the presidents of Ecuador and Venezuela to slander Ecuador's and Venezuela's court systems--this bizarre RW leap from one to the other. Their independence from the likes of Chevron-Texaco will be under attack.

It's interesting, also, how you don't address the Colombian court's invalidation of the "miracle laptopS" as evidence. This crap "evidence" has been used by the RW, including here at DU, in a relentless propaganda campaign to slander the leftist presidents of Ecuador and Venezuela--with wild, incoherent charges (--that they were helping the FARC get a "dirty bomb," that they took money from the FARC and gave money to the FARC, and, my favorite, that Chavez had contact with the FARC...ahem, after that shit Uribe publicly asked him to contact the FARC for hostage negotiations*).

Now the Colombian court--which, all this while Uribe and the rightwing have been threatening and trying to suborn--stands up to fascist intimidation and declares their lying, fascist "evidence" to be unfit for a court of law, and you IGNORE that--all the lies that were based on worthless "evidence"--and instead FURTHER slander Ecuador and Venezuela.

You are now in the same category as George W. Bush, Dick Cheney and Donald Rumsfeld*. Nothing you say can trusted--indeed, whatever you say, the opposite is more than likely true. And whatever you assert needs to be parsed for projection--for RW/corporate plots in the making.

-----------------------------

*(It's quite interesting how Rumsfeld pops up in the effort to get Chavez on record as contacting the FARC. First, Uribe publicly asks Chavez to undertake hostage negotiations with the FARC, then, when Chavez is successful, and hostages are in route to their freedom, Uribe rescinds his request and the Colombian military sends rocket fire at the hostages while they are on their way to Venezuela, and, on that same weekend, Rumsfeld publishes an op-ed in the Washington Post, entitled, "The Smart Way to Defeat Tyrants like Chavez," in which he states, in the first paragraph, that Chavez's help in hostage negotiations "is not welcome in Colombia." So, either Uribe's request to Chavez was treacherous from the beginning--a set up--the theory that I now favor--or, Uribe's request was initially genuine and got over-ruled by Rumfeld and his pals in the Pentagon. The date was 12/1/2007. Rumsfeld had resigned the year before--probably because the U.S. military brass opposed the nuking of Iran and the CIA wasn't too happy either, having its agents and anti-WMD projects outed. Odd how he pops up in THIS situation, in Colombia/Venezuela, after he moved out of the Pentagon. It must have been a pet project.)

[Bacchus39]

8. just briefly, Venezuela doesn't have an independent court system

judges who makes a ruling contrary to the Chavez administration are imprisoned. that is not judicial independence. judges simply tow the line. compare that to Colombia where prosecuters and judges make ruling against goverment officials. AND, importantly its rather even handed. both administration party officials AND opposition. the Chavez administration is exceedingly corrupt.

finally, I continue to be amused by yours and others belief that a bomb dropped in a raid means that everything in the bomb blast area vaporizes. you can see Raul Reyes dead fat body in a google search. he (as opposed to a fictional photograph of a Honduran school teacher hit in the head with tear gas canister) he didn't disintegrate. but a metal and plastic laptop in a case could not possibley survive according to your fantasy version of events.

[Judi Lynn]

9. To make it easier to remember the expression, "toe the line," imagine a row of soldiers

lined up in a perfectly straight row, with the toes of their boots all touching the straight line drawn on the ground beneath them. Staying in line. Not stepping over the line. Not falling short of the line. Toeing the line.

http://bridgettebooth.com.nyud.net:8090/wp-content/uploads/2010/08/toe-the-line.jpg

http://farm1.static.flickr.com.nyud.net:8090/184/421713834_d4a1ffc557.jpg
Your attempts to wrestle with weighty matters still seem taxing. Good luck.

[Bacchus39]

13. fascinating, and I am in awe of your knowledge of Latin America

I could have never developed a perspective such as yours by simply living and traveling there.

Let me make an attempt to capture the breadth of your regional and cultural knowledge using another expression, and hopefully I get it right this time. Judi says, "Who you gonna believe, me or your lying eyes?"

[Judi Lynn]

10. Intelligent people recognized this scam immediately. Others were eager to bite,

in order to help build their absurd claims against democracy in Latin America.

Here are a couple of links within easy grasp for others:

Colombia planned leaks to link Chavez, Correa to FARC: WikiLeaks
Thursday, 24 March 2011 07:03

The Uribe administration in 2008 carefully planned the leaking of information from computers of killed FARC commander Raul Reyes to link Venezuelan President Hugo Chavez and Ecuadorean President Rafael Correa to the rebel group, diplomatic cables released Wednesday by WikiLeaks.

In a cable from March 27, 2008 -- little over three weeks after the computers were found -- then-U.S. ambassador to Bogota William Brownsfield informed Washington that the Colombian government would "selectively leak information from FARC computers connecting Presidents Chavez and Correa and their Governments to the FARC over the next 4-6 weeks."

According to Brownfield, Bogota put Deputy Defense Minister Sergio Jaramillo in charge of the publicizing of information.

In the 4-6 week interim, the GOC plans to selectively provide intelligence from the computers to carefully chosen North American, Colombian, Spanish, and Latin media tied to specific themes. Jaramillo thought the most logical themes were: the FARC and President Chavez, the FARC and President Correa, the FARC and drug trafficking, and the FARC and hostages. The GOC would carefully review all material before release to filter material that could be damaging to the GOC.

More:
http://colombiareports.com/colombia-news/news/15108-colombia-carefully-planned-using-farc-computers-to-link-chavez-and-correa-to-rebels-wikileaks.html

~~~

MEDIA
NACLA / By Daniel Denvir
More Doubts About Colombia's "Magic Laptop" and Its Allegations Against Hugo Chavez
Interpol's analysis didn't find what most of the media claim it found.
May 28, 2008

~snip~
The professors emphasized the report did not prove much at all, given the limited scope of the investigation and said Interpol's face-value acceptance of the devices as FARC property was a contradiction of the report's own findings. They not only criticized the scope of the report, but also the conclusions of its technical findings.

They seized on the agency's methodology, which only examined images of the hard drives' user files handed over by Colombia, and not the hard drives themselves. They demonstrated to a crowd of reporters how easy it is to change the creation and modification dates on documents. They asserted these changes would only leave digital traces on the actual hard drives, which have remained in Colombian custody. Investigators would need access to the actual hard drives and the system files to determine whether and when modifications occurred, according to the Ecuadorian analysts.

The Ecuadorian professors also pointed out that Interpol has now way of determining whether Colombian officials modified, deleted, or created documents between March 1 and 3, as the report contends. In fact, by the Colombian government's own admission, its handling of the computer devices during those days did not conform to internationally recognized standards on the chain of custody when dealing with forensic evidence. Interpol's contention that the devices were not modified is based on nothing more than faith in Colombia's sincerity, argued the professors.

They called on Interpol to release a copy of the hard disks so that independent analysts could investigate. Interpol's findings have been presented in two reports: one public and another classified report that was shared only with the Colombian government.

More:
http://www.alternet.org/media/86641?page=1

[naaman fletcher]

11. ???

Doesn't this actually affirm that the info is real? By saying they plan to leak the info, that implies that it is real, or else the cable would just say "we are going to make some shit up". But I guess one has to be intelligent to figure out things like that.

[Bacchus39]

12. yes, n/t

s