Gustavo de Greiff
Encyclopedia
Gustavo de Greiff Restrepo (born June 20, 1929) is a Colombian
lawyer, educator and activist, who served as former Attorney General of Colombia
and former Colombian Ambassador to Mexico
. He is known for being an outspoken critic of the United States
' War on Drugs
in Colombia, and for being an advocate for drug liberalization
policies.
descent from way of his father whose grandfather was Karl Sigismund Fromholt von Greiff, a Swedish engineer and geographer who moved to Colombia in 1825 and whose family had played an active role in the abdication of King Gustav IV Adolf of Sweden
. He is married to Inés Lindo Koppel, and has three children: Mónica, also a lawyer and ex-Minister of Justice
; Natalia, an engineer and ex-General Manager of IBM
in Colombia; and Camilo.
A lawyer
graduated from Our Lady of the Rosary University
, de Greiff returned to his alma mater
, where he worked as Professor of Introduction to Law
and Insurance Law
at the Faculty of Law, later becoming Deputy Rector under Rector Roberto Arias Pérez, subsequently replacing him as the 115th Rector of the University on October 24, 1990 until April 1, 1990.
In addition to his tenure at El Rosario University, de Greiff worked as Professor of Civil Law
at the National University of Colombia
, and Professor at the Graduate Faculty of Political Science at the National Autonomous University of Mexico
, while also participating as a conference speaker at different events in other participating centers of education.
, de Greiff was tapped for the position of Attorney General
of the newly institutionalized Office of the Attorney General of Colombia, making him the top prosecutor
of the nation. De Greiff was selected by the Supreme Court
out of the ternary presented by President César Gaviria Trujillo, which also included Hugo Escobar Sierra and Guillermo Salah Zuleta (his former Deputy Rector, and subsequent successor at El Rosario University).
When de Greiff started as Attorney General he was faced with the monumental challenge of determining the course of the Office of the Attorney General, and was entrusted with repairing the reputation of Colombia as a safe heaven for criminals and drug lords, and facing the various tactical inconveniences of a new agency such as operating from a hotel in central Bogotá as there was no building for the Office of the Attorney General at the time. De Greiff from the beginning took the role of the Attorney General as an autonomous entity within the government very seriously which alienated members of the executive, angered legislators and drove the judiciary to take action while raising his public image and standing but at the same time angering foreign powers.
, a notorious drug kingpin and boss of the Medellín Cartel
who had recently voluntarily surrendered to the authorities, but as the media had shown, was living a life of luxury in his own personal jail La Catedral
where he continued running the cartel. De Greiff wanted to move Escobar out of La Catedral to a more secure prison where the authorities could "see, look, inform on, and prevent irregular acts". Escobar, however, managed to escape during this arranged transportation which started a massive search for him with aid from the United States and Britain. His outspoken remarks against Escobar, someone feared by most politicians and journalists however, popularized him and catapulted him into the media spotlight, as a brave prosecutor who would take a stance against crime and follow the due process
of law, a path that would inadvertently make him the most threatened man in Colombia. Having garnered enough public support, de Greiff went on to readdress controversial cases like those of 6 innocent men jailed in connexion with the assassination of Luis Carlos Galán
and those involved in the Escobar scandal.
The Office of the Attorney General was primarily in charge of the investigation against Escobar's escape and future apprehension, facilitating clues and aiding in his apprehension, de Greiff, however was under pressure from foreign governments who feared that his office was going to grant Escobar a deal to surrender which would not punish Escobar accordingly. This all ended on December 2, 1993 when Escobar was gunned down after he tried to escape when authorities discovered his location.
After Escobar's death, several other criminals belonging to the group Los Pepes
, who were in hiding for fear of Escobar's reprisals, agreed to surrender under a new law initiated by the Attorney General. This aimed to get drug traffickers off the streets by surrendering themselves to receive reduced sentences if they confessed their crimes and surrendered their ill-gotten gains, with further reductions if they provided testimony against other criminals. De Greiff was harshly criticized for this program by US and Colombian law enforcement officials who accused him of providing amnesty for criminals.
In another controversial incident, de Greiff was criticized after he held a private meeting with three suspected drug traffickers. They had reached out to him in hopes of working out a deal for leniency if they surrendered to the authorities. The problem however was that the suspects had no arrest warrant
s in Colombia and the United States, and after informing both authorities of their presence in his office he was not able to get charges to arrest them.
De Greiff responded harshly to his detractors; in response to a letter from the Ministry of Justice de Greiff said: "I am old enough to not have the Minister of Justice protect me from a hoax."
, Maryland
to discuss issues relating to drug policy
. De Greiff became the center of attention and target of a very harsh and organized response by the American and Colombian Government after he made statements saying that fighting drug trafficking was a lost cause and that legalization of drugs would cut black market demand for them, arguing that the drug consumption in the United States fueled drug production in Colombia
which fed violence.
De Greiff's comments drew swift condemnation from Colombia's President who rebuked de Greiff in a letter released to the press, and went on to state "Legalization is not the solution, […] our policy against drug trafficking based on prohibition, the strengthening of justice, the exchange of information and international legal cooperation, will remain unaltered."
In the United States, de Greiff's comments only fuelled an existing opposition against the Colombian Attorney General and they were used as evidence of de Greiff's compromised relations with drug lords. Speaking before the Senate Foreign Relations Committee Subcommittee on Terrorism, Jo Ann Harris
, Assistant Attorney General
for the Criminal Division
, called the behavior of de Greiff "most disturbing" and said that it "jeopardized" the U.S. evidence-sharing program with that country. Senator John Kerry
, then chairman of the subcommittee escalated the situation by directly stating that he was "deeply disturbed" by de Greiff's actions. This led the US Department of State in March of that year to suspend an evidence-sharing program with the Office of the Attorney General citing that his actions suggested a willingness to make accommodations with drug traffickers.
De Greiff defended himself by calling Gaviria's statements desperate attempts to appease the ire of the United States and by calling Senator Kerry a liar and implying that his comments served only to undermine Colombia’s law and autonomy. De Greiff accused the US government of mounting "a campaign of innuendo and falsified facts" against him, and accused his US counterpart Janet Reno
of acting out in defense of her failed Drug War. De Greiff went on to clarify that he never mean to advocate for the legalization of drugs, but rather to criticize the excessive emphasis on battling drug trafficking and less on fighting consumption, which generated a double market for traffickers.
De Greiff received the Richard J. Dennis Drugpeace Award for Outstanding Achievement in the Field of Drug Policy Reform for epitomizing loyal opposition to drug war extremism.
classified as "outrageous". A Frustrated de Greiff in turn described the Clinton Administration's refusal to study legalization of drugs as "not an ostrich policy
, but a McCarthyite, Stalinist, fascist policy", and when confronted by Senator Roberto Gerlein Echeverría
on why he had gone to the United States to talk about drug legalization he responded: "You are right, Doctor Gerlein, when you say that my mistake was talking in the United States about legalization, but I suffer from a rare illness of the spine that prevents me from bowing before the powerful". that I was The termination of the evidence sharing agreement between the two nations by the United States was a direct result of the American Government's disapproval of de Greiff actions, this in turn forced the Colombian Government to come out in defense of de Greiff in spite of their own personal disagreements with the Attorney General, saying "the Government does not share any point of view, calling into question the sincerity and firmness of the Attorney General in its fight against drug trafficking". The United States and Colombia found themselves in a diplomatic row over de Greiff with the US Department of State and the Colombian Ministry of Foreign Affairs exchanging letters, the US calling de Greiff's intrusion in the case of Dandeny Muñoz Mosquera improper, while Colombia accusing Senator John Kerry of using his senatorial pulpit to damage the image of Colombia and misrepresenting de Greiff. In 1995 under a provision that denies entry into the United States to anyone believed to have assisted drug traffickers, the US rescinded de Greiff's visa
further preventing him to enter the United States after accusing de Greiff of having links to the Cali cartel, charges which he denied.
and not the FARC were responsible for recent attacks in the Vélez Province of Santander
; de Greiff interpreted this meetings as advocating for the terrorist groups and accused the bishops of being relays of the FARC and criticized the Church for ignoring the law of Colombia which states that no person shall be in communication with the guerrillas be it the President of the prelates. The accusations drew quick condemnation from the Colombian Episcopal Conference
, its President Mgr Pedro Rubiano Sáenz defended the bishops and vowed that the Church in Colombia would continue its duty of ministry to all baptised Colombians regardless of their occupation and alluded that what de Greiff was doing was ignoring the basic principle of the Constitution of Colombia which guarantees freedom of religion
, and under that principle, bishops, priests or other member of the church can be in communication with its members. This incident escalated to international proportions when the Vatican
's Nuncio
to Colombia, Monsignor Paolo Romeo
came out in defense of Mgr Gómez Serna and undermined the actions of the Prosecutor by comparing them to the ancient persecutions of the Church, "in other times the Church has seen its people taken to court and even sentenced to death" said the Nuncio and added "The lost sheep cannot return to its herd if one does not look for it.".
De Greiff explained that the Office of the Attorney General would investigate whether the actions of the clergy were carried out as part of its religious commitment or were part of a political agenda. Additional the National Committee of Victims of the Guerrilla ( (Vida)) had previously filed a formal complaint
on August 1993 against Mgr Gómez Serna for presumed crimes of complicity
and aiding and abetting
subversion
, likewise other complaints had been filed against other members of the clergy but had been filed away. After much deliberation, on March 27, 1994, de Greiff announced that his office was not competent to continue the investigations on the bishops and that the cases would be handed off to the Ecclesiastical court
. The Office of the Attorney General arrived at this decision after convening with Chancellor Noemí Sanín
, Inspector General
Carlos Gustavo Arrieta, the Apostolic Nuncio, and members of the Episcopal Conference. The Office of the Inspector General found that the Office of the Attorney General could not investigate the bishops because of the existing concordat
with The Holy See based on Article 19 of Law 20 of 1974 which states that members of the clergy can only be investigated by the ecclesiastical courts which are ruled by canon law
, and that based on the Vienna Convention on the Law of Treaties
the Government of Colombia had to uphold the concordat even if there are constitutional grounds to investigate the prelates.
The controversy did not damage the ties of the Government and the Church in the long run, but both sides did make amends and changes in policy in relation to one another. The Church in Colombia even went on to defend de Greiff from his critics stating that: "At the moment of truth the Prosecutor has wanted to stick to the legislation. If this was wrong, it is not a problem of the Prosecutor, he did not create it [the legislation]."
undergo mandatory retirement when they reach the age of 65. The Attorney General however, was not directly part of the Judicial Branch but rather an autonomous organ of the Government, but as a lawyer and the top prosecutor
of the nation many believed his office should fall under the same constrains of the Judiciary. Additionally, the Fundamental Charter which created the Office of the Attorney General established in its Article 249, the requirements for Attorney General as meeting "the same qualifications required to be a magistrate of the Supreme Court," it however, did not indicate the instances where the Attorney General would have to be relieved of his post, instead Article 253 called for a law to be passed indicating the details of his retirement. Magistrates from the Civil and Labour Chambers of the High Tribunal of the Court were of the opinion that the Attorney General should not be subject to the same norms as those of the high courts as there was no existent law in the books, either direct or by extension, that directly called for such actions, and that the Attorney General should not undergo mandatory retirement without first creating a statutory law
that would address the matter. In a final decision of 12 votes against 8, the Plenary
of the Supreme Court determined that de Greiff would have to retire because of his age, de Greiff consequently retired on August 17 being awarded the Antonio Nariño Military Order of Merit from President Gaviria for his service to the nation. On May 4, 1995 the First Session of the Colombian Council of State
overturned the decision of the Plenary Court with 10 out of 8 votes (two magistrates had abstained). The new decision however, did not change much, at that time President Samper had already appointed Alfonso Valdivieso Sarmiento
as new Attorney General and had appointed de Greiff as Ambassador to Mexico, the decision did set a precedent and clarified the role of the Attorney General, adding that President Gaviria had intended the 62 year old de Greiff to serve his full four year term when he proposed him for the post.
De Greiff was extremely popular in Colombia during his term as Attorney General, considered a hero by many, his popularity during office was high and stable, enjoying higher percentages than that of the President and other public officials.
in Mexico, as well as being involved with the presidential visit of Ernesto Samper
to Mexico. Notably, de Greiff was one of the few Colombian ambassadors who did not resign following the political scandal that directly linked President Samper to Drug cartels and guerrilla members.
Advisory Board Member.
Colombian people
Colombian people are from a multiethnic Spanish speaking nation in South America called Colombia. Colombians are predominantly Roman Catholic and are a mixture of Europeans, Africans, and Amerindians.-Demography:...
lawyer, educator and activist, who served as former Attorney General of Colombia
Attorney General of Colombia
The Office of the Attorney General of Colombia is the Colombian institution part of the Colombian judicial branch of Government with administrative autonomy designed to prosecute offenders, investigate crimes, review judicial processes and accuse penal law infractions against judges and courts of...
and former Colombian Ambassador to Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
. He is known for being an outspoken critic of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
' War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
in Colombia, and for being an advocate for drug liberalization
Drug liberalization
Drug liberalization is the process of eliminating or reducing drug prohibition laws. Variations of drug liberalization include drug relegalization, drug legalization, and drug decriminalization -Policies:...
policies.
Biography
De Greiff was born in Bogotá, D.C. on June 20, 1929 to Gustavo de Greiff Obregón and Cecilia Restrepo Piñeres. De Greiff is of SwedishSwedes
Swedes are a Scandinavian nation and ethnic group native to Sweden, mostly inhabiting Sweden and the other Nordic countries, with descendants living in a number of countries.-Etymology:...
descent from way of his father whose grandfather was Karl Sigismund Fromholt von Greiff, a Swedish engineer and geographer who moved to Colombia in 1825 and whose family had played an active role in the abdication of King Gustav IV Adolf of Sweden
Gustav IV Adolf of Sweden
Gustav IV Adolf of Sweden also Gustav Adolph was King of Sweden from 1792 until his abdication in 1809. He was the son of Gustav III of Sweden and his queen consort Sophia Magdalena, eldest daughter of Frederick V of Denmark and his first wife Louise of Great Britain. He was the last Swedish...
. He is married to Inés Lindo Koppel, and has three children: Mónica, also a lawyer and ex-Minister of Justice
Ministry of the Interior and Justice
The Ministry of the Interior and Justice , is the national executive ministry of the Government of Colombia responsible for the enforcement of the law and administration of justice, equivalent to the justice and interior ministries of other countries....
; Natalia, an engineer and ex-General Manager of IBM
IBM
International Business Machines Corporation or IBM is an American multinational technology and consulting corporation headquartered in Armonk, New York, United States. IBM manufactures and sells computer hardware and software, and it offers infrastructure, hosting and consulting services in areas...
in Colombia; and Camilo.
A lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
graduated from Our Lady of the Rosary University
Our Lady of the Rosary University
The Universidad del Rosario is a university originally founded on Roman Catholic principles, in 1653 by Fray Cristobal de Torres. Located in Bogotá, Colombia, due to its important place in Colombian history, it is known as "The Cradle of the Republic". It had also a primary and secundary school...
, de Greiff returned to his alma mater
Alma mater
Alma mater , pronounced ), was used in ancient Rome as a title for various mother goddesses, especially Ceres or Cybele, and in Christianity for the Virgin Mary.-General term:...
, where he worked as Professor of Introduction to Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and Insurance Law
Insurance law
Insurance law is the name given to practices of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer...
at the Faculty of Law, later becoming Deputy Rector under Rector Roberto Arias Pérez, subsequently replacing him as the 115th Rector of the University on October 24, 1990 until April 1, 1990.
In addition to his tenure at El Rosario University, de Greiff worked as Professor of Civil Law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
at the National University of Colombia
National University of Colombia
The Universidad Nacional de Colombia , also called UNAL or just UN, is a public, national, coeducational, research university, located primarily in Bogotá, Medellín, Manizales and Palmira, Colombia...
, and Professor at the Graduate Faculty of Political Science at the National Autonomous University of Mexico
National Autonomous University of Mexico
The Universidad Nacional Autónoma de México is a university in Mexico. UNAM was founded on 22 September 1910 by Justo Sierra as a liberal alternative to the Roman Catholic-sponsored Royal and Pontifical University of Mexico The Universidad Nacional Autónoma de México (UNAM) (National Autonomous...
, while also participating as a conference speaker at different events in other participating centers of education.
Attorney general
In 1992, as part of the changes in Government following the ratification of the 1991 ConstitutionColombian Constitution of 1991
The Political Constitution of Colombia, better known as the Constitution of 1991, is the current governing document of the Republic of Colombia. Promulgated on July 4 of 1991 , it replaced the Constitution of 1886...
, de Greiff was tapped for the position of Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the newly institutionalized Office of the Attorney General of Colombia, making him the top prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
of the nation. De Greiff was selected by the Supreme Court
Supreme Court of Colombia
The Supreme Court of Colombia in Bogotá is the highest judicial body in civil and penal matters and issues of criminal and civil procedure in Colombia...
out of the ternary presented by President César Gaviria Trujillo, which also included Hugo Escobar Sierra and Guillermo Salah Zuleta (his former Deputy Rector, and subsequent successor at El Rosario University).
When de Greiff started as Attorney General he was faced with the monumental challenge of determining the course of the Office of the Attorney General, and was entrusted with repairing the reputation of Colombia as a safe heaven for criminals and drug lords, and facing the various tactical inconveniences of a new agency such as operating from a hotel in central Bogotá as there was no building for the Office of the Attorney General at the time. De Greiff from the beginning took the role of the Attorney General as an autonomous entity within the government very seriously which alienated members of the executive, angered legislators and drove the judiciary to take action while raising his public image and standing but at the same time angering foreign powers.
Escobar and the drug cartels
The first challenge for de Greiff happened before he even assumed his new position and involved dealing with the conditions of the incarceration of Pablo EscobarPablo Escobar
Pablo Emilio Escobar Gaviria was a Colombian drug lord. He was an elusive cocaine trafficker and rich and successful criminal. He owned numerous luxury residences, automobiles, and even airplanes...
, a notorious drug kingpin and boss of the Medellín Cartel
Medellín Cartel
The Medellín Cartel was an organized network of "drug suppliers and smugglers" originating in the city of Medellín, Colombia. The drug cartel operated in Colombia, Bolivia, Peru, Central America, the United States, as well as Canada and Europe throughout the 1970s and 1980s. It was founded and...
who had recently voluntarily surrendered to the authorities, but as the media had shown, was living a life of luxury in his own personal jail La Catedral
La Catedral
La Catedral was a prison overlooking the city of Medellín in Colombia. The prison was built to specifications ordered by Medellín Cartel leader Pablo Escobar, under agreement with the Colombian government. Escobar would surrender to authorities, serve a maximum term of five years, and the Colombian...
where he continued running the cartel. De Greiff wanted to move Escobar out of La Catedral to a more secure prison where the authorities could "see, look, inform on, and prevent irregular acts". Escobar, however, managed to escape during this arranged transportation which started a massive search for him with aid from the United States and Britain. His outspoken remarks against Escobar, someone feared by most politicians and journalists however, popularized him and catapulted him into the media spotlight, as a brave prosecutor who would take a stance against crime and follow the due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of law, a path that would inadvertently make him the most threatened man in Colombia. Having garnered enough public support, de Greiff went on to readdress controversial cases like those of 6 innocent men jailed in connexion with the assassination of Luis Carlos Galán
Luis Carlos Galán
Luis Carlos Galán Sarmiento was a Colombian journalist and liberal politician who ran for the presidency of Colombia on two occasions, the first time representing the Liberal Party in 1982 which he lost to Belisario Betancur...
and those involved in the Escobar scandal.
The Office of the Attorney General was primarily in charge of the investigation against Escobar's escape and future apprehension, facilitating clues and aiding in his apprehension, de Greiff, however was under pressure from foreign governments who feared that his office was going to grant Escobar a deal to surrender which would not punish Escobar accordingly. This all ended on December 2, 1993 when Escobar was gunned down after he tried to escape when authorities discovered his location.
After Escobar's death, several other criminals belonging to the group Los Pepes
Los Pepes
Los Pepes , was a short-lived vigilante group composed of enemies of narcotics kingpin Pablo Escobar who waged a bloody war against Escobar and his associates in the early 1990s.-Name:While the name suggested that all, or most, members of Los Pepes were previously persecuted by...
, who were in hiding for fear of Escobar's reprisals, agreed to surrender under a new law initiated by the Attorney General. This aimed to get drug traffickers off the streets by surrendering themselves to receive reduced sentences if they confessed their crimes and surrendered their ill-gotten gains, with further reductions if they provided testimony against other criminals. De Greiff was harshly criticized for this program by US and Colombian law enforcement officials who accused him of providing amnesty for criminals.
In another controversial incident, de Greiff was criticized after he held a private meeting with three suspected drug traffickers. They had reached out to him in hopes of working out a deal for leniency if they surrendered to the authorities. The problem however was that the suspects had no arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
s in Colombia and the United States, and after informing both authorities of their presence in his office he was not able to get charges to arrest them.
De Greiff responded harshly to his detractors; in response to a letter from the Ministry of Justice de Greiff said: "I am old enough to not have the Minister of Justice protect me from a hoax."
Stance on drugs
On November 1993, de Greiff attended the International Drug Policy Reform Conference in BaltimoreBaltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
to discuss issues relating to drug policy
Drug policy
A drug policy most often refers to a government's attempt to combat the negative effects of drug addiction and misuse in its society. Governments try to combat drug addiction with policies which address both the demand and supply of drugs, as well as policies which can mitigate the harms of drug...
. De Greiff became the center of attention and target of a very harsh and organized response by the American and Colombian Government after he made statements saying that fighting drug trafficking was a lost cause and that legalization of drugs would cut black market demand for them, arguing that the drug consumption in the United States fueled drug production in Colombia
Coca production in Colombia
Like Bolivia and Peru, Colombia is a major cultivator of coca. Between 1993 and 1999 Colombia became the main producer of coca in the world along with cocaine. Total land area devoted to coca production increased 60 percent from 1983 to 1986, reaching 25,000 hectares...
which fed violence.
De Greiff's comments drew swift condemnation from Colombia's President who rebuked de Greiff in a letter released to the press, and went on to state "Legalization is not the solution, […] our policy against drug trafficking based on prohibition, the strengthening of justice, the exchange of information and international legal cooperation, will remain unaltered."
In the United States, de Greiff's comments only fuelled an existing opposition against the Colombian Attorney General and they were used as evidence of de Greiff's compromised relations with drug lords. Speaking before the Senate Foreign Relations Committee Subcommittee on Terrorism, Jo Ann Harris
Jo Ann Harris
Jo Ann Harris is an American actress. Born in Los Angeles, she is known for her role in the film The Beguiled as the sultry 17-year-old Carol who seduces Clint Eastwood's character. Harris had a small singing role in Newsies as "Patrick's mother", the woman searching for her son in the first part...
, Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
for the Criminal Division
United States Department of Justice Criminal Division
The U.S. Department of Justice Criminal Division develops, enforces, and supervises the application of all federal criminal laws in the United States, except those specifically assigned to other divisions. Criminal Division attorneys prosecute many nationally significant cases and formulate and...
, called the behavior of de Greiff "most disturbing" and said that it "jeopardized" the U.S. evidence-sharing program with that country. Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
, then chairman of the subcommittee escalated the situation by directly stating that he was "deeply disturbed" by de Greiff's actions. This led the US Department of State in March of that year to suspend an evidence-sharing program with the Office of the Attorney General citing that his actions suggested a willingness to make accommodations with drug traffickers.
De Greiff defended himself by calling Gaviria's statements desperate attempts to appease the ire of the United States and by calling Senator Kerry a liar and implying that his comments served only to undermine Colombia’s law and autonomy. De Greiff accused the US government of mounting "a campaign of innuendo and falsified facts" against him, and accused his US counterpart Janet Reno
Janet Reno
Janet Wood Reno is a former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...
of acting out in defense of her failed Drug War. De Greiff went on to clarify that he never mean to advocate for the legalization of drugs, but rather to criticize the excessive emphasis on battling drug trafficking and less on fighting consumption, which generated a double market for traffickers.
De Greiff received the Richard J. Dennis Drugpeace Award for Outstanding Achievement in the Field of Drug Policy Reform for epitomizing loyal opposition to drug war extremism.
Problems with the United States
Gustavo de Greiff was at one point the toughest and most important partner the United States had in its war on drugs, but he had fallen from the grace of the Clinton Administration by November 1993 when he had come out in favor of legalizing the use of drugs, the Clinton administration had also come out against de Greiff's attempts to negotiate with drug lords and guerrilla members to surrender in exchange for reduced sentences, which the US Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
classified as "outrageous". A Frustrated de Greiff in turn described the Clinton Administration's refusal to study legalization of drugs as "not an ostrich policy
Ostrich policy
An Ostrich Policy relate to the inability of governments or people to acknowledge that a real problem or danger exist. Many African governments have been accused of an Ostrich Policy concerning the AIDS pandemic, of which Thabo Mbeki's speech at the Opening Session of the 13th International AIDS...
, but a McCarthyite, Stalinist, fascist policy", and when confronted by Senator Roberto Gerlein Echeverría
Roberto Gerlein Echeverría
Roberto Víctor Gerlein Echeverría is a Colombian lawyer and politician. A Conservative party politician, he is the longest serving and most senior Member of the Senate of Colombia having being first elected in 1974...
on why he had gone to the United States to talk about drug legalization he responded: "You are right, Doctor Gerlein, when you say that my mistake was talking in the United States about legalization, but I suffer from a rare illness of the spine that prevents me from bowing before the powerful". that I was The termination of the evidence sharing agreement between the two nations by the United States was a direct result of the American Government's disapproval of de Greiff actions, this in turn forced the Colombian Government to come out in defense of de Greiff in spite of their own personal disagreements with the Attorney General, saying "the Government does not share any point of view, calling into question the sincerity and firmness of the Attorney General in its fight against drug trafficking". The United States and Colombia found themselves in a diplomatic row over de Greiff with the US Department of State and the Colombian Ministry of Foreign Affairs exchanging letters, the US calling de Greiff's intrusion in the case of Dandeny Muñoz Mosquera improper, while Colombia accusing Senator John Kerry of using his senatorial pulpit to damage the image of Colombia and misrepresenting de Greiff. In 1995 under a provision that denies entry into the United States to anyone believed to have assisted drug traffickers, the US rescinded de Greiff's visa
United States visas
United States Visas were issued to 6.6 million foreign nationals visiting the United States and to 470 thousand immigrants in 2008.A foreign national wishing to enter the U.S...
further preventing him to enter the United States after accusing de Greiff of having links to the Cali cartel, charges which he denied.
Problems with the Church
De Greiff stirred up the Colombian Catholic Church when he directly accused the Monsignors Leonardo Gómez Serna, Bishop of the Diocese of Socorro y San Gil, Nel Hedye Beltrán Santamaria, Bishop of the Diocese of Sincelejo, Darío Castrillón Hoyos, Archbishop of the Archdiocese of Bucaramanga, Luis Madrid Merlano, Bishop of the Diocese of Tibú, and Oscar Angel Bernal, Bishop of the Diocese of Girardota of direct links to the FARC. The accusations stemmed out of a private meeting Mgr Gómez Serna had with the 23rd Front of the FARC out of which he revealed that the ParamilitaristsParamilitarism in Colombia
Paramilitarism in Colombia refers to the origins and activities of far right-wing paramilitary groups in Colombia during the 20th century.Right-wing paramilitary groups are the parties considered to be most responsible for human rights violations in Colombia during the later half of the current...
and not the FARC were responsible for recent attacks in the Vélez Province of Santander
Santander Department
Santander is a department of Colombia. Santander inherited the name of one of the nine original states of the United States of Colombia. It is located in the central northern part of the country, east of the Magdalena River, bordered to the south and southeast by Boyacá, to the northeast by Norte...
; de Greiff interpreted this meetings as advocating for the terrorist groups and accused the bishops of being relays of the FARC and criticized the Church for ignoring the law of Colombia which states that no person shall be in communication with the guerrillas be it the President of the prelates. The accusations drew quick condemnation from the Colombian Episcopal Conference
Episcopal Conference
In the Roman Catholic Church, an Episcopal Conference, Conference of Bishops, or National Conference of Bishops is an official assembly of all the bishops of a given territory...
, its President Mgr Pedro Rubiano Sáenz defended the bishops and vowed that the Church in Colombia would continue its duty of ministry to all baptised Colombians regardless of their occupation and alluded that what de Greiff was doing was ignoring the basic principle of the Constitution of Colombia which guarantees freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and under that principle, bishops, priests or other member of the church can be in communication with its members. This incident escalated to international proportions when the Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
's Nuncio
Nuncio
Nuncio is an ecclesiastical diplomatic title, derived from the ancient Latin word, Nuntius, meaning "envoy." This article addresses this title as well as derived similar titles, all within the structure of the Roman Catholic Church...
to Colombia, Monsignor Paolo Romeo
Paolo Romeo
Paolo Romeo STL JCD is the current Cardinal Archbishop of Palermo. He was appointed by Pope Benedict XVI on 19 December 2006.Romeo was the fifth of nine children...
came out in defense of Mgr Gómez Serna and undermined the actions of the Prosecutor by comparing them to the ancient persecutions of the Church, "in other times the Church has seen its people taken to court and even sentenced to death" said the Nuncio and added "The lost sheep cannot return to its herd if one does not look for it.".
De Greiff explained that the Office of the Attorney General would investigate whether the actions of the clergy were carried out as part of its religious commitment or were part of a political agenda. Additional the National Committee of Victims of the Guerrilla ( (Vida)) had previously filed a formal complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
on August 1993 against Mgr Gómez Serna for presumed crimes of complicity
Complicity
Complicity is a novel by Scottish author Iain Banks. It was published in 1993.-Plot introduction:Its two main characters are Cameron Colley, a journalist on a Scottish newspaper called The Caledonian, which resembles The Scotsman, and a serial murderer whose identity is a mystery...
and aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
subversion
Subversion
Apache Subversion is a software versioning and a revision control system distributed under a free license. Developers use Subversion to maintain current and historical versions of files such as source code, web pages, and documentation...
, likewise other complaints had been filed against other members of the clergy but had been filed away. After much deliberation, on March 27, 1994, de Greiff announced that his office was not competent to continue the investigations on the bishops and that the cases would be handed off to the Ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
. The Office of the Attorney General arrived at this decision after convening with Chancellor Noemí Sanín
Noemí Sanín
Marta Noemí del Espíritu Santo Sanín Posada is a Colombian lawyer and politician, twice Ambassador of Colombia to the United Kingdom, as well as Ambassador to Spain and Venezuela...
, Inspector General
Inspector General of Colombia
The Office of the Inspector General of Colombia is a Colombian independent, public institution overseeing the public conduct of those in authority or in charge of exercising a public office, and of overseeing the correct functioning of other government institutions and agencies...
Carlos Gustavo Arrieta, the Apostolic Nuncio, and members of the Episcopal Conference. The Office of the Inspector General found that the Office of the Attorney General could not investigate the bishops because of the existing concordat
Concordat
A concordat is an agreement between the Holy See of the Catholic Church and a sovereign state on religious matters. Legally, they are international treaties. They often includes both recognition and privileges for the Catholic Church in a particular country...
with The Holy See based on Article 19 of Law 20 of 1974 which states that members of the clergy can only be investigated by the ecclesiastical courts which are ruled by canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, and that based on the Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
the Government of Colombia had to uphold the concordat even if there are constitutional grounds to investigate the prelates.
The controversy did not damage the ties of the Government and the Church in the long run, but both sides did make amends and changes in policy in relation to one another. The Church in Colombia even went on to defend de Greiff from his critics stating that: "At the moment of truth the Prosecutor has wanted to stick to the legislation. If this was wrong, it is not a problem of the Prosecutor, he did not create it [the legislation]."
Forced retirement
On June 20, 1994 de Greiff turned 65 years old, this usually celebratory event, however, brought on an investigation by the Colombian Supreme Court. According to Colombian law, members of the Judicial BranchJudicial Branch of Colombia
Judicial Branch of Government of Colombia is the system of courts in Republic of Colombia which administer justice in the name of the state as a mechanism for the resolution of disputes. The judicial branch encompasses judges, magistrates and other adjudicators who form the core of a judiciary, as...
undergo mandatory retirement when they reach the age of 65. The Attorney General however, was not directly part of the Judicial Branch but rather an autonomous organ of the Government, but as a lawyer and the top prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
of the nation many believed his office should fall under the same constrains of the Judiciary. Additionally, the Fundamental Charter which created the Office of the Attorney General established in its Article 249, the requirements for Attorney General as meeting "the same qualifications required to be a magistrate of the Supreme Court," it however, did not indicate the instances where the Attorney General would have to be relieved of his post, instead Article 253 called for a law to be passed indicating the details of his retirement. Magistrates from the Civil and Labour Chambers of the High Tribunal of the Court were of the opinion that the Attorney General should not be subject to the same norms as those of the high courts as there was no existent law in the books, either direct or by extension, that directly called for such actions, and that the Attorney General should not undergo mandatory retirement without first creating a statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
that would address the matter. In a final decision of 12 votes against 8, the Plenary
Plenary session
Plenary session is a term often used in conferences to define the part of the conference when all members of all parties are to attend.These sessions may contain a broad range of content from keynotes to panel discussions and are not necessarily related to a specific style of delivery.The term has...
of the Supreme Court determined that de Greiff would have to retire because of his age, de Greiff consequently retired on August 17 being awarded the Antonio Nariño Military Order of Merit from President Gaviria for his service to the nation. On May 4, 1995 the First Session of the Colombian Council of State
Council of State of Colombia
The Council of State of ColombiaState Council- It is conformed by twenty-seven magistrates that exercise during eight years.- It regulates the conflicts between the matters and the State.Superior Council of Judicature...
overturned the decision of the Plenary Court with 10 out of 8 votes (two magistrates had abstained). The new decision however, did not change much, at that time President Samper had already appointed Alfonso Valdivieso Sarmiento
Alfonso Valdivieso Sarmiento
Alfonso Valdivieso Sarmiento is a Colombian lawyer and politician who as the 2nd Attorney General of Colombia brought charges and stood against the administration of Ernesto Samper Pizano during the Proceso 8000. He also served as the 24th Permanent Representative of Colombia to the United Nations...
as new Attorney General and had appointed de Greiff as Ambassador to Mexico, the decision did set a precedent and clarified the role of the Attorney General, adding that President Gaviria had intended the 62 year old de Greiff to serve his full four year term when he proposed him for the post.
De Greiff was extremely popular in Colombia during his term as Attorney General, considered a hero by many, his popularity during office was high and stable, enjoying higher percentages than that of the President and other public officials.
Ambassadorship
After de Greiff retired as Attorney General he was given a diplomatic post as Colombia's Ambassador to the United States of Mexico. As ambassador de Greiff had to answer with allegation of corruption and bribe taking, deal with having his visa cancellation by the United States, put up with manifestations by a small group of protesters who sought to declare him persona non grataPersona non grata
Persona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...
in Mexico, as well as being involved with the presidential visit of Ernesto Samper
Ernesto Samper
Ernesto Samper Pizano is a Colombian politician. He served as the President of Colombia from August 7, 1994 to August 7, 1998, representing the Liberal Party. He was involved in the 8000 process scandal, which takes its name from the folio number assigned to it by the chief prosecutor's office...
to Mexico. Notably, de Greiff was one of the few Colombian ambassadors who did not resign following the political scandal that directly linked President Samper to Drug cartels and guerrilla members.
Later life
After leaving politics, Gustavo de Greiff returned to his private practice and was appointed by Grant Thornton LLP, one of the largest international accounting and management consulting firms, manager in the firm's international business center, leading the firm's business development efforts in Latin America. Although de Greiff did not return to politics he continued advocating for decriminalization of drug use and speaking out against the War on Drugs as a notable speaker and LEAPLaw Enforcement Against Prohibition
Law Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
Advisory Board Member.