DRUG BARON GOES FREE EARLY

Colombian Court Cites Good Behavior in Prison

BOGOTA - A onetime leader of the notorious Cali drug cartel, Gilberto
Rodriguez Orejuela, walked out of prison Thursday night, hours after a
court ordered his early release further fueling a national debate over
the role of politics in the courts and the powers of presidency.

He left the prison in Tunja at 10 p.m, surrounded by dozens of police
and soldiers to prevent violence.

The government of President Alvaro Uribe, who came into office vowing
to crack down on drug trafficking, had tried to block the release by
every means possible. In the process, some critics say, he exceeded
his authority and undermined the independence of the judiciary.

The controversy began last Friday, when a local judge stunned the
nation by ordering the release of both Gilberto and Miguel Rodriguez
Orejuela, drug baron brothers accused of being the brains behind 80
percent of the cocaine shipments to the United States. In its heyday,
their cartel was believed to have made some $8 billion a year in profits.

The men were fugitives until 1995. They were nabbed in a series of
spectacular raids which authorities said put an end to the cartel and
later tried and sentenced to 15 years in prison. On Friday, a judge
ordered their release after they had served about half their sentence,
citing good behavior and participation in a work-study program.

Anti-Crime Mandate

The president, elected in May with a mandate to end rampant
lawlessness, publicly vowed to stop the release. Miguel Rodriguez
Orejuela was suddenly convicted of a bribery charge for which he had
earlier been acquitted, and sentenced to another four years in prison.

And while authorities scrambled to find pending cases to keep his
brother Gilberto behind bars, a second judge upheld the decision to
release him.

Justice Minister Fernando Londono publicly announced he suspected
bribery, and said if the Colombian courts cannot be trusted, then the
men should be extradited to the United States.

"The fact that this man could be released is a high-risk situation
for Colombian society," Londono said. "This is a moment of mourning
and pain for the country's image and for the administration of justice
in Colombia."

The president said he'd rather be called arbitrary "than damage the
national honor by simply being a softie."

Judicial decisions "cannot automatically be accepted by the
government when there are deep legal doubts," Uribe said, adding:
"The government has ordered that the prisoners not be released as
long as such doubts exist."

The first judge, Pedro Suarez, was placed under investigation,and the
prison warden who provided good behavior certificates suspended.

"The president has made a commitment against drug trafficking, but in
keeping that commitment, he's going further than he can go," said
political analyst Fernando Cepeda, a former ambassador to the
Organization of American States. "Legally, he's not right."

Cepeda said the case illustrates the weaknesses of the Colombian
judicial system. But he and other experts agreed that if Colombian law
allows even high profile lawbreakers to be released when they meet
existing conditions, then the Rodriguez brothers should be freed.

The Supreme Court here issued a statement this week accusing Uribe of
not respecting the separation of powers.

The case has caused a flurry of activity both here and among U.S.
officials, who would like the men extradited. Although they have been
indicted in the United States, the cases would have to be for crimes
committed after 1997, the year the constitution here permitted
extraditions.

Case Against Son

An indictment in U.S. District Court in New York is currently pending
for fugitive William Rodriguez, Miguel's son, who is suspected of
taking over the Cali drug trade. "The judge's decision to release
Orejuela was unfortunate," a U.S. State Department spokesman said.
"The illegal activities of the Orejuela brothers are of concern to us
and to the Colombian government, which has made every effort to
prevent their release."

Despite criticism in the legal and academic communities, Uribe enjoys
wide support from Colombians, who elected him with a get-tough
mandate. Within days of taking office, Uribe declared the nation in a
state of unrest, allowing law enforcement special liberties in
conducting searches and making arrests. Even human rights groups have
had their offices searched by investigators who lacked a judicial warrant.

'Law and Ethics'

"Uribe goes around saying, 'I am not corrupt and will not permit
these things that are really bad!"' said political analyst Pablo
Franky. "But the problem is that law and ethics don't fit in with
that. You have to follow the law, or you become a dictator."

But Franky admits: Colombians are thrilled.

"I give it six months," he said. "Then, when Uribe still doesn't
have answers to solve all the problems, people will start getting tired."