them are in preventive detention.381 As indicated by the State, and not disputed by the
representatives or the Commission, the truth of the events related in voluntary confessions is
being verified by the National Justice and Peace Unit of the Prosecutor General’s Office
(hereinafter “FGN-UNJP”).382
183. Also, the evidence provided by the Prosecutor General’s Office reveals that the National
Justice and Peace Unit has been preparing a dossier with information and details of different
aspects of the “Élmer Cárdenas” paramilitary bloc that includes data on its origin and
background,383 structure,384 ideology,385 the weapons it used,386 the chain of command,387 and
the demobilization procedure for its members,388 which reveals the systematic patterns of the
illegal activities that characterized the group’s actions.
184. However, the FGN-UNJP has little information on the procedural situation of the
candidates. The information sent by the Colombian Ministry of Foreign Affairs, although it is not
disputed, dates from 2009.
Lastly, this Court underlines that there is evidence of the
communication of probative elements between the delegated units of the Prosecutor General’s
Office; that is, between the UNDH-DIH and the FGN-UNJP.389
I.3. Investigation in the disciplinary jurisdiction
185. On June 27, 2002, the Public Prosecution Service opened a disciplinary investigation
under file No. 155-73307-2002, against del Río Rojas and the Army officers Jaime Arturo
Remolina, Rafael Alfredo Arrázola, Guillermo Antonio Chinome and Luis Elkin Rentería based on
the denunciations of the soldier Oswaldo de Jesús Giraldo Yepes concerning the relationship of
the 17th Brigade with the paramilitaries of the Urabá area. This investigation was archived on
December 5, 2002, and General del Río Rojas was acquitted. The Public Prosecution Service
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).
68
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