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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