I. The jurisdictional proceedings I.1. Ordinary criminal jurisdiction 144. The evidence in the case file reveals that two investigations are pending before the National Human Rights and International Humanitarian Law Unit of the Prosecutor General’s Office (hereinafter “UDH-FGN” or “UNDH-DIH”) into the facts of this case: investigation No. 5767 (now 426)293 for the offense of conspiracy to commit a crime, and investigation No. 2332294 for the offense of murder of a protected person, Marino López Mena, forced displacement, and conspiracy to commit a crime. I.1.1. Criminal investigation No. 5767 (now 426) 145. On January 19, 1999, the Prosecutor General’s Office (hereinafter “FGN”) opened a preliminary investigation against Rito Alejo del Río Rojas under file No. 5767 (now 426), based on reports of his presumed collaboration with paramilitary groups in 1996 and 1997, while he commanded the 17th Brigade.295 In addition, the investigation implicated the former soldier Oswaldo de Jesús Giraldo Yepes.296 On July 21, 2001, the Special Prosecutor of the Bogotá National Human Rights and International Humanitarian Law Unit, in coordination with the Head of this Unit and in consultation with the Prosecutor General, opened a formal investigation against del Río Rojas for the offenses of conspiracy to commit a crime, misuse of equipment, and malfeasance by omission, and ordered his arrest and the search of his home. 297 146. On July 23, 2001, a Special Prosecutor of the UNDH-DIH and three members of the Technical Investigation Corp (hereinafter “CTI”), coordinated by the Head of the UNH-FGN, executed the arrest warrant against General del Río Rojas and the search of his home.298 147. On July 27, 2001, the defense counsel of Rito Alejo del Río Rojas asked the prosecutor to abstain from taking a decision on his legal situation based on lack of functional competence, because the accused had been a General of the Republic at the time of the events.299 On July 31, 2001, the prosecutor decided his legal situation, imposing preventive detention without the possibility of parole, for the offenses of conspiracy to commit a crime aggravated by the proven 293 This investigation was previously identified under case files Nos. 1440 and 5767. Cf. Note of the Ministry of Foreign Affairs of August 27, 2009, para. 170 (evidence file, folio 7623). 294 This investigation was previously identified under case files No. 147301 of the 100th Prosecutor of Quibdó. Cf. Note of the Ministry of Foreign Affairs of August 27, 2009, para. 170 (evidence file, folio 7623). 295 Cf. Report presented by the State with complete and updated information on the status of the investigations related to the facts of the case, February 4, 2013 (evidence file, folio 15503). 296 Cf. Prosecutor General’s Office, brief of July 21, 2001, declaring the investigation open. Case file 426, original volume No. 4. This brief records that the investigation implicated Rito Alejo del Río Rojas and O.J.G.Y. in the proceedings and indicates that an order was given to issue arrest warrants for both accused (evidence file, folio 40143). 297 Cf. Prosecutor General’s Office, brief of July 21, 2001, declaring the investigation open. Case file 426, original volume No. 4 (evidence file, folio 40149). See also: Report presented by the State with complete and updated information on the status of the investigations related to the facts of the case, February 4, 2013 (evidence file, folio 15504). 298 Cf. Report presented by the State with complete and updated information on the status of the investigations related to the facts of the case, February 4, 2013 (evidence file, folio 15504). See also: Communication of the InterAmerican Commission to the Colombian State of August 9, 2001, in the proceeding on precautionary measures (evidence file, folio 1856). Also: Record of search of a building, UDH-FGN. Case file 426, original volume No. 4 (evidence file, folio 40150). 299 Cf. Brief sent by del Río’s defense counsel to a Special Prosecutor of the UNDH-DIH asking “this office, and any other office of the National Human Rights Unit to abstain from deciding the legal situation of Brigadier General Alejo del Río […],” July 27, 2001 (evidence file, folio 40364). 58