12Nov10

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The Embassy of Colombia Requests Head-of-State Immunity and a Suggestion of Immunity Letter on Behalf of the Former President Uribe

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November 12, 2010

BY HAND

The Honorable Hillary Clinton
United States Secretary of States
United States State Department
2201 C Street, NW
Washington DC 20520

Dear Secretary Clinton:

The Embassy of the Republic of Colombia presents its compliments to the Department of State. On behalf of the government of the Republic of Colombia, I have the honor of notifying you of a recent effort to forcé former President Alvaro Uribe Vélez to testify in a civil litigation currently taking place in the United States.

On November 3, 2010 President Uribe received a subpoena as past of the ongoing litigation in the United States District Court for the Northern District of Alabama under the caption Giraldo, et al. v. Drummond Company, Inv., et al., Civil Action No. 7:09-cv-1401 (sic). The subpoena, which was issued by the United States District Court for the District of Coiumbia, compels President Uribe to be deposed as parí of this litigation on November 22, 2010 at 9:00am at the offices of Conrad & Scherer, LLP. According to a press reléase issued by plaintiffs' counsel the day after President Uribe was served with this subpoena, plaintiffs intend to use this deposition to inquire about President Uribe's knowledge of "the extend of government militan/ support to protect the Drummond mining facilities in Colombia, the relationship and level of cooperation between the military torces and the AUC, particularly in relation to the áreas in Cesar Province where Drummond operated, the military's role in co ve ring up was crimes committed by the AUC, and the efforts by the Colombian government during Mr. Uribe's tenure to suppress evidence of Drummond's relationship to the AUC."Copies of both the subpoena and press reléase are enclosed.

In response to this subpoena, my government has instructed me to convey to you its unequivocal to retain and asset any and all immunities applicable to President Uribe and to specifically request head-of-state immunity on his behalf.

The Embassy understands that this designation of immunity should come from the Department of State in the form of a Suggestion of Immunity letter. Thus, this Embassy kindly request the assistance of the Department of State in preparing a Suggestion of Immunity letter to be submitted to the District Court by the Attorney General, or his designee, pursuant to 28 U.S.C. § 517, and that the Department of State take all steps necessary to quash this subpoena.

The Embassy wishes to stress the importance of this request and its deep appreciation of the prompt attention of the Department of State

Respectfully yours

Gabriel Silva
Ambassador

CC. Gregory Craig. Counsel for President Álvaro Uribe Vélez

Attached. Copy of the subpoena delivered to President Alvaro Uribe Vélez Copy of press release by Conrad & Scherer

DDHH en Colombia

This document has been published on 21Apr11 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.