BANEY, MICHAEL; ALL DOCS FROM 1995 TO PRESENT ON SALVATORE MANCUSO GOMEZ (SANTANDER LOZADA); BLOQUE CATATUMBO & THE MEDELLIN GANG LA TERRAZA

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001388470
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: June 24, 2015
• Document Release Date: March 11, 2011
• Case Number: F-2010-01608
• Publication Date: November 16, 2006

11/16/06 18:08 FAX [phone] NAT'L SECURITY ARCHIVE
The National Security Archive
The George Washingtc:i'n University
Gelman Library, Suite "T01
2130 H Street, N.W.
Washington, D.C. 20037
November 16, 2006
Agency Release Panel
c/o Scott Koch
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
Re: FOIA Appeals
IN ALL CORRESPONDENCE PLEASE REFER TO FILE NOs:
Phone: [phone]
Fax: [phone]
http:/ www.nsarc ive oorg
(b)(6)
20061744CIA248
(F-201:16-01694),
20061788CIA262
(F-2006-01693),
20061781CIA258
(F-2006-01696),
20061771C1A254
(F-201,16-01698),
20061762CIA251
(F-2006-01700),
20061750C1A249
(F-2006-01699),
20061797CIA268
(F-20(16-01708),
20061787C1A261
(F-2006-01710),
20061795C1A267
(F-2006-01705),
20061803C1A271
(F-201"16-01707),
20061826CIA281
(F-2007-00018),
20061837CIA285
(F=2007-00050),
20061814C1A276
(F-2007-00001),
20061782C1A259
(F-2006-01698),
20061798CI.A269
(F-2007-1706),
20061809CIA274
(F-2007-00013),
20061757CIA250
(F-2006-01711),
20061794C1A266
(F-2007-00011),
20061802CIA270
(F-2011.)7-00012),
20061888C1A293
(F-2007-00067),
20061848CIA286
(F-2007-00065),
20061886C1A.292
(F-2007-00069),
20061849CIA287
(F-2007-00068),
20061829C1A282
(F-2007-00038),
20061836CIA284
(F-2007-00056),
20061810CIA275
(F-2007-00004),
20061830CIA283
(F-2007-00041),
20061815CIA277
(F-20107-00005),
20061936CIA307
(F-2007-00108),
20061825C1A280
(F-2007-00040),
20061772CIA255
(F-201)6-01662)
This letter constitutes an administrative appeal under Executive Order 12958, as amended, of the determination of
the Central Intelligence Agency (CIA) to "neither confirm nor deny the existence or nonexistence of records"
responsive to the FOIA requests referenced above. These requests, filed by myself and my associate, Michael Baney,
were for documents pert,a.ining to several Colombian paramilitary commanders and paramilitary front groups
associated with the United Self-Defense Forces of Colombia (Autodefensas Unidas de Colombia or AUC). The
argument that follows applies to all of the FOIA cases cited above.
The CIA justifies its dec:i sion to "neither confirm nor deny the existence or nonexistence" of responsive records in
this case by noting that sii ch information would qualify as "intelligence sources and methods information" that is
protected from disclosur in accordance with the CIA Act of 1949. It is the purpose of this appeal to demonstrate: 1)
that the high priority the 'U.S. government has placed on helping Colombia combat and demobilize the AUC and
other terrorist organizations makes it perfectly reasonable to assume that CIA-like many other government
agencies-would have records on these subjects; 2) that CIA has already declassified and released through FOIA
much information on Colombian paramilitary groups and leaders, making the determination "to neither confirm nor
deny" the existence or nonexistence of records in this case untenable. Indeed, the declassified material already
available from CIA and t:,ther agencies suggests that "intelligence sources and methods information" can in many
cases be easily redacted from documents as mandated by the FOLd to allow for the release of non-sensitive portions
of the documents.
An independent non-governmental research institute and library located at the George Washington University, the Archive collects and
publishes declassified documents obtained through the Freedom of Information Act A tax-exempt public charity, the Archive receives no
U.S. government funding; its budget is supported by publication royalties and donations from foundations and Individuals.
 What follows is a discussion of these major points:
1) The U.S. Places a Higatl Priority on Helping Colombia Combat and Demobilize the AUC.
The AUC is a State Department-designated Foreign Terrorist Organization - I note that the subjects
of these requests wire leaders and groups associated with the AUC, the largest paramilitary
organization in Colombia and a Foreign Terrorist Organization as designated by the U.S. Secretary
of State. These paramilitary groups and their leaders bear particular significance to the U.S. as they
are terrorists who threaten the stability of the Colombian government, a key U.S. ally in the region
and one of the top recipients of U.S. security assistance in the world. (Attachment 1)
As part of its stav;d strategy in Colombia, the U.S. government aids the Colombian government in
confronting the terrorist threat posed by the paramilitaries. In his 2004 testimony to the House
Government Reform Committee, Assistant Secretary of State for Western Hemisphere Affairs Roger
Noriega reported that, "On the counter-terror front, with the expanded authority provided by
Congress, we have been able to assist Colombia's war against the FARC,-ELN, and AUC." [NOTE:
FARC and ELN are Colombian guerrilla groups.] Noriega added that, "President Uribe also is
advancing his efforts to end the threat posed to Colombian stability by the second largest terror
group, the United. Self-Defense Forces (AUC)." (Attachment 2)
The AUC Leader,;hip is Heavily Engaged in the Drug Trade - Several of the AUC's paramilitary
leaders have been indicted by the U.S. on drug trafficking charges (Attachments 3 and 4), including
Diego Fernando Murillo Bejarano, Vicente Castano Gil, Salvatore Mancuso Gomez, and Juan Carlos
Sierra Ramirez, all of whom are subjects in these FOIA requests.
U.S. Intelligence Programs Target the AUC -- Key to U.S. assistance in the fight against Colombian
terrorist groups like the AUC is intelligence. A State Department cable from September 6, 2002,
"Targeting Terrorist Leaders in Colombia," states that the U.S. Embassy in Colombia is "working
with the GOC to create what we believe will be most useful in terms of achieving success against
terrorism in Colombia: A dedicated intelligence unit whose primary mission will be to track
down the leadership of all three terrorist groups." (Attachment 5)
The U.S. Govern:i:nent Supports Colombia's Efforts to Demobilize the AUC - The Colombian
government is culTently engaged in a process with the Colombian government intended to
demobilize, and iii some cases bring to justice, the paramilitary leaders and fronts of the AUC who
are the subjects oi'our FOIA requests. The U.S. supports this effort. An exchange of cables between
the U.S. Embassy in Colombia and the State Department in April-May 2005 (Attachments 6 and 7)
indicates that the Embassy sought and received authorization to support "specific aspects of
[Colombia's] deritobilization/reintegration program for former AUC members" to include
"monitoring and?valuation" and other support. A January 2006 Embassy cable (Attachment 8)
reports that 22,000 AUC members had demobilized, including "nearly all the paramilitary chiefs-"
These paramilitary leaders and the fronts that they led-many of whom are the subjects of these
FOIA requests-,,:Lre also listed in the cable.
Declassified documents from U.S. Southern Command (Attachments 9 and 10) also refer to the
paramilitary demr.)bilization process and specific AUC leaders mentioned in the FOIA requests,
demonstrating the. interest of the U.S. government in assessing the outcome of this process.
An independent non-governmental research Institute and library located at the George Washington University, the Archive collects and
publishes declassified documents obtained through the Freedom of Information Act. A tax-exempt public charity, the Archive receives no
U.S. government funding; its budget Is supported by publication royalties and donations from foundations and individuals.
 2) Declassified CIA Documents Discuss Colombian Paramilitary Groups.
A number of declassified CIA documents pertaining to the AUC and its leadership suggest that the
CIA cannot credibly deny the existence or nonexistence of records on the AUC or its leaders. A
series of declassified intelligence reports from 1995-2002 demonstrate that CIA analysts were
focused on the paramilitary problem in Colombia and the implications it had for the stability of the
government, efforts to make peace with illegal armed groups, and the overall human rights situation.
"Colomb-ii Samner's Human Rights Resolve Being Tested," March 22, 1995 - This
report notes (page 5) that the Colombian government "has ... failed to arrest and
prosecute, paramilitary leader Fidel Castano, who has been implicated in a number
of rural massacres since the late 1980s." (Attachment 11)
"Colombia: Paramilitaries Gaining Strength," June 13, 1997 - This report warns
of the growing strength of the AUC paramilitary groups, concluding that (page 2),
"The growth of paramilitary violence is likely to complicate US' interests in .
Colombian in the areas of human rights and counternarcotics." (Attachment 12)
"Colombo ia: Paramilitaries Assuming a Higher Profile." August 31. 1998 - In
1998, this CIA report warns (pages 2 and 6) that the growing strength of AUC
paramilitaries is "likely to complicate the twin US goals of advancing the peace
process and improving the country's poor human rights record." (Attachment 13)
"Senior s"s'xecutive Intel ligence Brief. Wednesday..30 December 1998 -Co I omb I a:
FARC C1 aims to Have Killed Paramilitary Leader" - This report examines the
implications of an attempt by FARC guerrillas to kill AUC commander Carlos
Castano. With respect to U.S. interests, the report notes that, "If the FARC did kill
Castano, his supporters may launch reprisals that would complicate, and perhaps
delay, peace talks scheduled to begin next week between the government and the
FARC." i Attachment 14)
"Senior.2;xecutive 1z telligence Brief, Wednesday 8 May 2002 - Colombia:
FARC-AUC Conflict Intensifying" - This report concerns recent clashes between
FARC gi:ierrillas and AUC pararnilitaries, noting that the two groups are battling
primarily for "control of lucrative coca-growing areas and strategic logistic
corridors." The intensifying conflict "is exposing Bogota's inability to control
large swaths of the countryside," according to the report. (Attachment 15)
The availability of severiti declassified CIA records on the AUC and its leaders suggests that the CIA should
reconsider its determinat on to "neither confirm nor deny" the existence of records responsive to these cases. indeed,
as an officially-designate d Foreign Terrorist Organization with deep ties to the narcotics trade, the question of
whether or not the CIA maintains records on the AUC, its member organizations, and its leaders, should not be
considered a matter of great sensitivity.
 11/16/06 18:08 FAX [phone] NAT'L SECURITY ARCHIVE
I remind you that non-sera sitive material must be released unless inextricably intertwined with other sensitive
material. At a minimum, I expect that docurnew titles, dates, subject headings, and other non-sensitive material can
be released without disclosing sensitive information. ,
Thank you for your consideration of this appeal. I look forward to a prompt response. Please feel free to contact me
directly with any questions at 202/994-7029.
Sincerely,
Michael Evans
Analyst
 11/16/06 18:08 FAX [phone] NAT'L SECURITY ARCHIVE
Ia 006
I. U.S. State Department, Office of Counterterrorism, Fact Sheet, "Foreign Terrorist Organizations," October
11, 2005 httu:/Iwyvw_state.gov/s/ct/rls/fs/37191.htm.
2. U.S. Department of State, Roger F. Noriega, "U.S. Policy and Programs in Colombia: Testimony Before the
House of Representatives Committee on Government Reform," June 17, 2004.
3. U.S. District Coux-t, Southern District of New York, "United States of America v. Diego Fernando Murillo-
Bejarano, et al."
4. U.S. District Court for the District of Columbia, "United States of America v. Carlos Castano-Gil, et al."'
5. U.S. Embassy Bogota cable, 2002 Bogota 8083, "Targeting Terrorist Leaders in Colombia," September 6,
2002.
6. U.S. State' Department cable, 2005 State 72426, "Authorization for Limited Support for Demobilization
Programs," April 19, 2005.
7. U.S. Embassy Bogota cable, 2005 Bogota 5167, "Post Welcomes Authorization to Support Demobilization
Programs," May".; 1, 2005.
8. U.S. Embassy Bogota cable, 2006 Bogota 405, "22,000 Illegal Armed Group Members Demobilized,"
January 18, 2006.
9. U.S. Southern Command, "Colombia: United Self-Defense Forces of Colombia (AUC) Cacique Nutibara
Bloc (BCN) Demobilization," December 2, 2003_
10. U.S. Southern Command, "Colombia: United Self-Defense Forces of Colombia (AUC) Demobilization
Update," December 17, 2003_
11. CIA Intelligence :Deport, "Colombia: Samper's Human Rights Resolve Being Tested," March 22, 1995.
12. CIA Intelligence ;Deport, "Colombia: Paramilitaries Gaining Strength," June 13, 1997.
13. CIA Intelligence Report, "Colombia: Paramilitaries Assuming a Higher Profile." August 31, 1998.
14. CIA Senior Executive Intelligence Report, "Colombia: FARC Claims to Have Killed Paramilitary Leader,"
December 30, 19'98.
15. CIA Senior Executive Intelligence Report, "FARC-AUC Conflict Intensifying," May 8, 2002.
 11/16/06 18:07 FAX [phone] NAT'L SECURITY ARCHIVE
The National Security Archive
The George Washington University
Gelman Library, Suite 701
2130 H Street, NW
Washington, DC 20037
FAX COVER SHEET
Dater November 16, 2006
Organization: CIA, Agency Release Panel
From:
Number of pages (including cover sheet) 25 (part I of 5)
If there is a probl,,.;m with this transmission, please call us at
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Message:
This is part I of what will probably be about 5 transmissions of a FOIA appeal.
Case number 2(11061744CIA248 (F-2006-01694) and several others.
There will be a total of 126 total pages.
i-3
The deadline for several of these cases is today, Nov 16, 2006, hence the rush to W in
the letter and at'llachments.
III
An independent non-governmental research institute and library located at the George Washington University,
the Archive collects and publishes declassified documents obtained through the Freedom of Information Act.
Publication royalties arpJ tax-deductible contributions through The National Security Archive Fund, Inc. underwrite the Archive's budget.