connections of the Army’s 17th Brigade with the Peasant Self-Defense Forces of Cordoba and
Urabá (ACCU), when operating in these regions.300
148. On August 3, 2001, the defense counsel of General Rito Alejo del Río Rojas filed an
application for habeas corpus, which was decided in his favor on August 4, 2001, by the 31st
Criminal Court of the Bogota Circuit, ordering his release owing to the prosecutor’s lack of
competence to order his arrest. According to the evidence, this was because investigations
involving soldiers with the rank of General correspond to the Prosecutor General. 301 In addition,
the order was issued to investigate the prosecutor and the officials who took part in the arrest
of this soldier and the search of his home.302
149. The investigation was forwarded to the office of the Prosecutor General who, in an order
of October 9, 2001, decreed the nullity of the decision to open a preliminary inquiry, the
investigative measure, and the preventive detention that had been ordered. As a result, it was
decided that the proceedings should be repeated, that the senior officer be summoned for
questioning, and that evidence be collected.303
150. On July 16, 2002, Father Javier Giraldo, through his legal representative, filed a civil
complaint in “representation of humanity” in the context of investigation 5767, which was
rejected by the Prosecutor General on August 13, 2002.304 An appeal for reconsideration was
filed against this decision; but the initial ruling was confirmed.305
151. On September 25, 2002, Father Javier Giraldo filed an application for amparo before the
Criminal Cassation Chamber of the Supreme Court of Justice306 (hereinafter also “SCJ”) against
the Prosecutor General because, in his opinion, “by not allowing him to represent the people in
the criminal proceedings against Rito Alejo del Río Rojas, his fundamental right of access to
justice had been violated.”307 This application was denied on October 8, 2002, because “the
constitutional judge is unable to examine judicial measures and proceedings by means of an
application for amparo.”308 The Constitutional Court opted to review the adverse judgment,
revoked the decisions taken by the Prosecutor General and the decisions adopted by the
300
Cf. Decision of the UDH-FGN of July 31, 2001. Case file 426, original volume No. 5 (evidence file, folios 40370,
40387 and 40388). 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, of February 4, 2013 (evidence file, folio 15505).
301
Cf. Decision of August 4, 2001, on application for habeas corpus of the 31st Criminal Court of the Bogota
Circuit, file No. 0004/2001 (evidence file, folio 1969).
302
Cf. Decision of August 4, 2001, on application for habeas corpus of the 31st Criminal Court of the Bogota
Circuit, file No. 0004/2001 (evidence file, folios 1970 and 1972).
303
Cf. Decision of the Prosecutor General of October 9, 2001. File 426, original volume No. 7 (evidence file. folios
41006 to 41008). 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 15505).
304
Cf. Application for amparo before the Civil Chamber, Supreme Court of Justice (udated), filed by the legal
representative of Father J.G. (evidence file, folio 42386). Cf. Constitutional Court, Judgment T-249. March 21, 2003
(evidence file, folios 2000 and 2001). Also: Preliminary arguments in proceeding 5767, by the legal representative of
Father J.G. (evidence file, folio 42115).
305
Cf. Constitutional Court, Judgment T-249 of March 21, 2003 (evidence file, folio 2002). Also: Preliminary
arguments in proceeding 5767, by the legal representative of Father J.G. (evidence file, folio 42115).
306
Cf. Constitutional Court, Judgment T-249. March 21, 2003 (evidence file, folio 2004).
307
Cf. Brief appealing against the decision of October 9, 2001, in file 5767 deciding the nullity and the re-opening
of the investigation against Rito Alejo del Río Rojas. Colombian Constitutional Court, Judgment T-249 of March 21, 2003
(evidence file, folio 2005).
308
This action was denied on October 8, 2002, because “the constitutional judge is unable to examine judicial
measures and proceedings by means of an application for amparo.” Cf. Constitutional Court. Judgment T-249. March
21, 2003 (evidence file, folio 2005).
59
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