Inter-american court of human rights

348 Cf. Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7626).

349 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15490). See also: Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7637).

350 Decision No. 0105 of July 9, 2003, of the Regional Director of Prosecutors of Quidbó (evidence file, folio 9879).

351 Cf. Decision No. 0-3760 of October 20, 2005, Prosecutor General’s Office. (evidence file, folio 9885).

352 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485). Also, Prosecutor’s Office, Indictment, proceedings file 2332, of January 25 (evidence file, folio 17599).

353 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case. This report indicates that, on February 9, 2007, a judicial inspection was conducted on the premises of the National Institute of Forensic Medicine of Medellín (evidence file, folio 15483).

354 Cf. Institute of Forensic Medicine and Sciences, Form for the delivery or final disposal of a corpse submitted for a forensic autopsy, Northwestern Region – Antioquía Region. Name of deceased: Marino López Mena, death certificate: A2480708 (evidence file, folio 17311).

355 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

356 Cf. Prosecutor General’s Office. Indictment decision against retired General Rito Alejo del Río. Case 2332 (evidence file, folio 8898). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

357 Cf. Decision of the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit of Bogota, September 3, 2008 (evidence file, folio 9901). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485). Also, the evidence file before this Court contains other statements made during proceedings 2332 by the demobilized paramilitaries Luis Muentes Mendoza (evidence file, folios 17892 and ff., 18392 and ff.) and Diego Luis Hinestroza (evidence file, folios 17164 and ff., 17905, and 17708).

358 Cf. Decision defining the legal situation of Luis Muentes Mendoza and Diego Luis Hinestrosa Moreno issued by the 14th Prosecutor of the Human Rights Unit of Bogota (evidence file, folio 9914). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

359 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

360 Cf. Custody record No. 003, of September 4, 2008, signed by the 2nd Special Prosecutor, Human Rights and International Humanitarian Law Unit, addressed to the Batttalion Commander of No. 13 Military Police Unit, requesting that Rito Alejo del Río be kept in custody; folio 136, volume, No. 3 (evidence file, folio 9917).

361 Cf. 14th Prosecutor of the Human Rights Unit of Bogota. Decision of September 12, 2008, deciding the legal situation of Rito Alejo del Río (evidence file, folio 1512). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

362 Cf. Prosecutor General’s Office. 14th Prosecutor, indictment of retired General Rito Alejo del Rio, case file 2332 (evidence file, folios 8850 to 8898). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

363 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485). See also: Note of the Ministry of Foreign Affairs of August 27, 2009, para. 184 (evidence file, folio 7629).

364 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15485).

365 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15487). See also: Note of the Ministry of Foreign Affairs of August 27, 2009, para. 184 (evidence file, folio 7629).

366 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15488).

367 Cf. Communication sent to the 14th Special Prosecutor of the UNDH-DIH signed by Rubén Darío Blandón Blanquiceth. Received by the prosecutor on May 18, 2010 (evidence file, folio 17698).

368 Cf. Testimony of former Army Colonel C.A.V.R. in the trial against retired General Rito Alejo del Rio before the Eighth Special Criminal Court (Video; evidence file, folio 9981). See also: Report of May 31, 1996, of C.A.V.R. addressed to the Commander of the Army, Santa Fé de Bogota (evidence file, folios 9985 to 9994).

369 Cf. Prosecutor General’s Office. Case file 2332, public hearing of testimony of C.A.F. (evidence file, folio 9996).

370 Cf. Testimony of Fredy Rendón Herrera before the Eighth Special Criminal Court of Bogota, during the proceeding against Rito Alejo del Río Rojas (evidence file, folio 8742). The evidence file before this Court also contains other statements made by Mr. Rendón Herrera (evidence file, folios 18372 and and ff., 17361 and ff., 17473 and ff., 18374 and ff., 17870 and ff., 17914 and ff.).

371 Cf. Indictment with charges for the plea bargain. 14th Special Prosecutor, UNDH-DIH, January 18, 2011 (evidence file, folio 17644). See also: on January 18, 2011, Mr. Hinestroza Moreno expanded his statement (evidence file, folio 17708).

372 Cf. Interlocutory judgment No. 003 of the Quibdó Special Circuit, of June 28, 2012. In this ruling, the judge ordered that once it was final, the proceeding should be returned to the original court (evidence file, folio 17675).

373 Cf. Judgment in proceeding 2009-063. Eighth Special Criminal Court of Bogota, August 23, 2012; original volume No. 22 (evidence file, folio 44384). See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15490).

374 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15490).

375 Cf. Decision of the 14th Special Prosecutor, UNDH-DIH, of October 26, 2012 (evidence file, folios 18153, 18157, 18168 and 17848).

376 Cf. Decision of the 14th Special Prosecutor, UNDH-DIH, September 28, 2012 (evidence file, folio 17833).

377 The Court observes that the parties have referred to this proceeding with different numbers. Thus, in the file, it appears as proceeding 1410 (Cf. IACHR, Report No. 86/06, para. 30, folios 6962 and 7057) and also as proceeding No. 1042 (evidence file, folios 1392, 4796, 5021 and 5324). The investigation was opened based on the report made by the Human Rights Unit of the Public Prosecution Service, which forwarded documentation in which the Ombudsman’s Office and the NGO Comisión Intereclesial de Justicia y Paz, among others, report the presumed presence of barricades manned by members of the AUC in the places known as Tumaradó – jurisdiction of the Municipality of Riosucio, Chocó – on the Atrato River and in Sutatá, part of the Los Katios National Park, and the illegal logging operations in the Cacarica River valley. Also, an investigation is underway into the forced displacement that occurred in February 1997 by the communities located in the basins of the Cacarica, Salaquí and Truandó Rivers, in the municipality of Riosucio, caused by the presence of illegal armed groups and their threats. The displaced population took refuge in the urban area of the municipalities of Turbo, Ríosucio, and Bahía Cupica, among other places. Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15492).

378 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folios 15492 to 15500).

379 The combined voluntary confessions of the members of the AC Élmer Cárdenas Bloc include the statements of: Fredy Rendón Herrera (evidence file, folios 19156 to 19161, 19174, 19186, 19192 to 19199, 19201, 19203 to 19208, and 19212 to 19227); Julio César Arce Graciano (evidence file, folios 19186 and 19187, 19197, 19199 to 19201, 19204 to 19207, 19217, 19220, 19223, 19224 and 19226); Diego Luis Hinestroza Moreno (evidence file, folios 19185, 19222, 19224 and 19225); William Manuel Soto Salcedo (evidence file, folios 19177, 19200, 19211, 19215, 19221 and 19225.); Luis Muentes Mendoza (evidence file, folios 19174 to 19176, 19197, 19210 to 19212, 19215, 19221 to 19222 and 19224); Franklin Hernandez Seguro (evidence file, folios 19189 and 19190, 19213, 19222 and 19225), and Alberto García Sevilla (evidence file, folios 19187, 19222, 19224 and 19225).

380 The following demobilized paramilitaries have testified individually before the FGN-UNJP: Fredy Rendón Herrera, Cf. Video of voluntary confession by Fredy Rendón before the Justice and Peace prosecutor, of June 3, 2009, on DVD “Voluntary confessions of Raúl Emilio Hasbun Mendoza, Fredy Rendón Herrera; F-17, Justice and Peace, Medellín, Subject: (6) Rito Alejo del Río” (evidence file, folio 44538); Voluntary confession, October 24, 2007 (evidence file, folios 19229 to 19231); Voluntary confession, March 13, 2009 (evidence file, folios 19231 to 19234); Voluntary confession, November 26, 2009, on DVD “Operation Genesis 1. Élmer Cárdenas Bloc” (evidence file, folio 18456); Diego Luis Hinestroza Moreno, Voluntary confession, April 2, 2008 (evidence file, folios 19246 to 19247); Luis Muentes Mendoza, Voluntary confession, April 22, 2008 (evidence file, folios 19247 to 19249); William Manuel Soto Salcedo, Voluntary confession, July 9, 2008 (evidence file, folios 19235 to 19246); Franklin Hernandez Seguro, Voluntary confession August 6, 2008 (evidence file, folio 19235); Rubén Darío Blanquicet, Voluntary confession, July 17, 2008 (evidence file, folios 19249 to 19251); Alberto García Sevilla, Voluntary confession, October 28, 2008 (evidence file, folios 19251 to 19253); C.A.F. Alvarez, Voluntary confession, May 8, 2008 (evidence file, folios 19251); Julio César Arce Graciano, Voluntary confession, May 2, 2008, on DVD “Clips VL. Operation Genesis. No. 1” (minute 46:39) (evidence file, folio 45236). See also: Edwin Alberto Romero Cano, Voluntary confession, March 24, 2011, on DVD “Clips VL. Operation Genesis. No. 1” (minute 42:32) (evidence file, folio 45236).

381 Cf. Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7630). See also: Video of indictment in the hearing on the partial indictment of Luis Muentes Mendoza. Medellin, Justice and Peace Court, 2008 (evidence file, folio 1403); Video of indictment in the hearing on the partial indictment of Diego Luis Hinestroza Moreno (evidence file, folio 1472). There is only evidence of the indictment of these two candidates.

382 Cf. Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7630).

383 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc. Genesis: context immediately before it was planned (evidence file, folios 44465 to 44535).

384 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc, structures described by Fredy Rendón in voluntary confession made on November 26, 2009 (evidence file, folios 45250 to 45443).

385 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc. Ideology of the organization (evidence file, folios 45238 to 45248).

386 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc. Weapons (evidence file, folios 45459 to 45489).

387 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc. Chain of command (evidence file, folios 45490 to 45512).

388 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc. Elegibility: demobilization procedure (evidence file, folios 45513 to 45526).

389 The file corresponding to proceedings No. 2332 before the UNDH-DIH of the Prosecutor General’s Office contains different statements (voluntary confessions) made by those demobilized under the Justice and Peace procedure (evidence file, folios 17164, 17892, 18392, 17905, 18372, 18374, 17870, among others).

390 Cf. Public Prosecution Service. Decision issued on December 5, 2002 (evidence file, folios 2242). See also: Jaime Rodríguez Matiz, Adviser to the Human Rights Unit of the Public Prosecution Service. January 10, 2010 (evidence file, folio 45196).

391 Cf. Communication of the Public Prosecution Service in File No. 001-14956 (evidence file, folio 45284).

392 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15512). Case file No. 155-58322-2001 was opened against officials of the Ministry of Transportation in Bogota and others to be determined, for possible acts or omissions by public servants in relation to dredging work on the Perancho and Peranchito Rivers and clearing the navigable waterways on the Cacarica River in 2000 (evidence file, folio 2246). Investigations 155-58323 and 155-58324 against officials of the Social Solidarity Network of the Presidency of the Republic and against officials of the Ministry of Transportation in Bogota, respectively, for presumed failure to comply with the delivery of food and medicines, respectively, to the displaced in 2002 (evidence file, folio 2246).

393 Cf. Report of August 12, 2003, of the State of Colombia on MC 70/99 (evidence file, folio 2246).

394 Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio 15512).

395 Cf. Ministry of Foreign Affairs, 27^th report of the State of Colombia on MC 70/99. March 28, 2006 (evidence file, folio 4981).

396 Cf. Report of August 12, 2003, of the State of Colombia on MC 70/99 (evidence file, folio 2246).

397 Cf. Judgment of the Disciplinary Chamber, Public Prosecution Service. August 22, 2003 (evidence file, folio 4316). See also: Report of the State of Colombia in MC 70/99. August 12, 2003 (evidence file, folio 2246). The conducts investigated stemmed from the failure to protect the environment in the jurisdiction of the municipality of Riosucio (Chocó); irregularities in the processing of the punitive proceedings opened for the illegal logging; irregularities in the procedures to grant authorization to the black communities of the Cacarica to exploit the forest; obstruction of the actions of the Public Prosecution Service in cases; overstepping authority by granting punitive powers to private individuals, and different irregularities associated with the foregoing. Nine, five and two charges were brought against the Director General, Secretary General and Deputy Director, respectively; all the sentences were confirmed, except one for the Director and Secretary of which they were acquitted (judgment of the Disciplinary Chamber, Public Prosecution Service. August 22, 2003. Evidence file, folio 4316).

398 Cf. Public Prosecution Service. Proceedings 155-48718-2000 (evidence file, folio 46256).

399 Cf. Public Prosecution Service. Proceedings 155-48718-2000 (evidence file, folio 46258).

400 Cf. Public Prosecution Service. Proceedings 155-48718-2000 (evidence file, folios 46262 and 46263).

401 Cf. Applications for amparo filed by Rosalba Córdoba Rengifo, Pascual Ávila Carmona, Pedro Manuel Pérez Florez against the President of the Republic in May 1997 (evidence file, folios 1099 to 1137); Application for amparo filed by Hermenegilda Mosquera Murillo against the President of the Republic (evidence file, folios 1139 to 1148); First instance ruling on amparo of the Turbo Civil Court of May 29, 1997, for eight applicants (evidence file, folios 1474 to 1481); and Cf. Complaint on non-compliance with rulings on applications for amparo against the President of the Republic filed by Antonio René Córdoba, William Quejada Mosquera, Nora María Mosquera, Rosalba Córdoba Rengifo, Pascual Ávila Carmona, Jesús Arcilo Hurtado Quinto, Pedro Manuel Pérez Flores, Leovigildo Quinto Mosquera, Luis Emiro Quinto, Lourdes del Carmen Ortiz, Guillermo Vergara Serrano and J.A.Q. before the Civil Circuit Judge of Turbo, Antioquia on August 12,1997 (evidence file, folios 2272 to 2277).

402 Cf. Applications for amparo filed by Rosalba Córdoba Rengifo, Pascual Ávila Carmona and Pedro Manuel Pérez against the President of the Republic in May 1997 (evidence file, folios 1099 to 1137). See also: Application for amparo filed by Hermenegilda Mosquera Murillo against the President of the Republic (evidence file, folios 1139 to 1147).

403 Cf. First instance ruling on amparo of the Turbo Civil Court of May 29, 1997, for eight applicants, mentioning the response of the President (evidence file, folios 1474 to 1481).

404 Cf. Denunciation of non-compliance with judgments on applications for amparo against the President of the Republic filed by Antonio René Córdoba, William Quejada Mosquera, Nora María Mosquera, Rosalba Córdoba Rengifo, Pascual Ávila Carmona, Jesús Arcilo Hurtado Quinto, Pedro Manuel Pérez Flores, Leovigildo Quinto Mosquera, Luis Emiro Quinto, Lourdes del Carmen Ortiz, Guillermo Vergara Serrano and J.A.Q. before the judge of the Turbo Civil Circuit, Antioquia, on August 12, 1997 (evidence file, folios 2272 to 2277).

405 Cf. Rulings issued by the 3rd and 6th Judges of the Medellin Civil Circuit on May 6, 1997, rejecting the applications for amparo filed by Rosalba Córdoba Rengifo, Pascual Ávila Carmona and Pedro Manuel Pérez Florez based on lack of competence (evidence file, folios 2250 to 2269).

406 First instance ruling on amparo of the Turbo Civil Court of May 29, 1997, for eight applicants (evidence file, folio 1480).

407 Cf. Denunciation of non-compliance with judgments on applications for amparo against the President of the Republic filed by Antonio René Córdoba, William Quejada Mosquera, Nora María Mosquera, Rosalba Córdoba Rengifo, Pascual Ávila Carmona, Jesús Arcilo Hurtado Quinto, Pedro Manuel Pérez Flores, Leovigildo Quinto Mosquera, Luis Emiro Quinto, Lourdes del Carmen Ortiz, Guillermo Vergara Serrano and J.A.Q. before the judge of the Turbo Civil Circuit, Antioquia, on August 12, 1997 (evidence file, folios 2272 to 2277).

408

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