108. Similarly, it is an undisputed fact that Marino López was executed on February 27, 1997,
in the settlement of Bijao193 by members of the Chocó Bloc paramilitary group, who accused
him of being a member of the guerrilla.194 Specifically, the evidence reveals that aliases
“Manito” and “Diablito” obliged him to get some coconuts down from a palm tree in order to
drink the coconut water, and then kicked him. After pushing him to the bank of the river, one of
the paramilitaries swung his machete at Marino López’s neck, but hit his shoulder. Injured,
Marino López threw himself into the river to escape, but the men told him that “it would be
worse for him if he went,” and he therefore tried to return. However, while he was on the river’s
edge, “Manito” decapitated him with his machete.195 The State indicated that it did not seek to
question this fact, because “there was no doubt that Marino López had been murdered by
paramilitaries.”196
109. Some of the testimonies indicate, and the State has not contested this, that after killing
him, the authors proceeded to dismember his body. They also indicated that the paramilitaries
played with his head as if it had been a football,197 although the domestic courts have not given
this total credence,198 and several paramilitaries deny this last act.199
193
Cf. Colombian Constitutional Court Judgment T-955 of 2003 of October 17, 2003 (evidence file, folio 134);
Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and forced
displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 231). See also, testimony of Colonel
Luis Emilio Cardozo Santamaría, expert witness proposed by the State, before the Inter-American Court of Human
Rights during the public hearing on February 12, 2013. Prosecutor General’s Office, slides presented during the hearing
to bring charges against Fredy Rendón Herrera before the Justice and Peace Court (evidence file, folio 8647); Testimony
of J.V.R. cited by the 26th Prosecutor delegated to the Bogota Superior Court which confirmed in second instance the
injunction in proceedings No. 2332 against Rito Alejo del Rio Rojas, of February 24, 2009 (evidence file, folio 7705);
Testimony of Emedelia Palacios before the 21st Prosecutor of the National Human Rights and International Humanitarian
Law Unit on February 10, 2007, in Medellín (evidence file, folio 8926); statement of Hebert Veloza Garcia before the
Prosecutor General’s Office of the National Human Rights Unit on October 10 and 15, 2008 (evidence file, folio 1206);
Testimony of Fredy Rendón of November 7, 2007, before the Prosecutor General’s Office, National Human Rights and
International Humanitarian Law Unit (evidence file, folio 17363), and Decision on the legal situation of Luis Muentes
Mendoza and others, case file 2332 of September 12, 2008 (evidence file, folio 17424) and charges brought by the
Prosecutor General’s Office against Luis Muentes Mendoza (evidence file, video indictment hearing, recording 46:00 to
47:00, folio 1403).
194
Cf. Statements of J.E.V.R. Romaña and Héctor Enrique Ramírez Valenzuela cited in the indictment decision in
proceedings No. 2332 against Rito Alejo del Río by the Prosecutor General’s Office, National Human Rights and
International Humanitarian Law Unit, for the murder of Marino López Mena (evidence file, folio 8867). See also:
Affiidavit prepared by Henry Angulo Martínez on January 21, 2013 (evidence file, folio 15073).
195
Cf. Technical Investigation Corps (CTI), Report No. 169 of December 1, 2009. Results of the investigation,
analysis of the act that has been confessed to, and voluntary confessions of Luis Hinestosa, Alberto García Sevilla and
Rubén Darío Rendón Blanquiceth of April 22, May 8, and July 17, 2008 (evidence file, folios 17246, 17247, 17250 to
17255); Statements of Luis Aristarco Hinestrosa of April 13, 2007, before the National Human Rights and International
Humanitarian Law Unit, and of Héctor Enrique Ramirez Valencia, cited in the decision on the legal situation of Wiliam
Manuel Soto Salcedo of September 28, 2012, the Prosecutor General’s Office, National Human Rights and International
Humanitarian Law Unit (evidence file, folios 17339 to 17342 and 17817). See also voluntary statement and questioning
of Fredy Rendón Herrera by the Prosecutor General’s Office, Human Rights and International Humanitarian Law Unit,and
the Justice and Peace Prosecutor on October 8, 2008, and October 24, 2007 (evidence file, folios 1219, 1235 and
18372); Indictment of Diego Luis Hinestroza Moreno, on May 30, 2008 (evidence file, video recording: 24:55 to 27:00
folio 1492); and voluntary confessions before the Justice and Peace prosecutor by Diego William Manuel Soto Salcedo,
Luis Hinestroza Moreno and Alberto García Sevilla of July 9, 2008, April 2 and October 28, 2008 (evidence file, video
recording 20:00 to 22:00, folios 1533, 18392 and 1548).
196
Cf. Answering brief, folio 540.
197
Cf. Decision on the legal situation of Rito Alejo de Rio Rojas, case file 2332, of September 12, 2008 (evidence
file, folio 1483); Preliminary arguments presented before the Prosecutor General’s Office in proceedings No. 5767, by
L.J.M., legal representative of Father J.G. (evidence file, folio 1286); Indictment of Luis Muentes Mendoza by the
Prosecutor General’s Office (evidence file, indictment hearing recording 46:00 to 47:00 folio 1403); Indictment of Diego
Luis Hinestroza Moreno by the Prosecutor General’s Office (evidence file, indictment hearing recording 26:00 to 27:00,
folio 1472), and affidavit prepared by John Jairo Mena Palacio on January 21, 2013 (evidence file, folio 14983).
198
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folio 14803).
43
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