UNDH-DIH,319 who took over the case re-opening the investigation against del Río Rojas and, on July 2, 2009, ordered further investigative measures.320 155. During this re-opening of the investigation, del Río refused to testify, contending that he was unaware of a series of element of the evidence, and that this would prevent him from exercising his right of defense. He also claimed constitutional protection for himself,321 which meant that the Prosecutor General had to hear the case (supra para. 163).322 In a later decision, a new date was set for the hearing of August 26, 2009,323 when the accused again refused to testify for the same reasons.324 156. On September 21, 2009, the 42nd Special Prosecutor of the UNDH-DIH responded to a brief filed by the defense counsel of General del Río requesting, among other matters, the joinder of the proceedings under file No. 2332 with file No. 426.325 This request was refused based on the argument that the two proceedings were at different procedural stages. 326 Lastly, on November 25, 2009, by a decision of the Prosecutor General, proceedings 11392, 12697 and 11722 against Alejo del Río Rojas were joindered under file No. 426 (formerly 5767).327 157. With regard to the question of competence that the defense counsel of Rito Alejo del Río had raised during the proceeding (supra para. 147), on January 18, 2010, the Prosecutor General declared that he was impeded from hearing the investigation. 328 This decision was revoked by the Plenary Chamber of the Supreme Court on April 12, 2010, ordering him to continue the respective process, in the understanding that the impediment mentioned was groundless.329 158. On June 17, 2010, the Prosecutor General issued a new decision in which he declared himself incompetent to head the investigation in proceeding No. 5767.330 On July 8, 2010, the 319 Cf. Decision No. 0-1973, of May 18, 2009. Prosecutor General’s Office. Case file 426, original volume No. 12 (evidence file, folio 42481). 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 15507). 320 Cf. Decision of the 20th Special Prosecutor, UDH-DIH, of June 19, 2009. Case file 426, original volume No. 12 (evidence file, folio 42496). 321 On July 14, 2009, the special agent of the Public Prosecution Service who intervened in the hearing following the re-opening of the investigation that was suspended on July 2, 2009, presented a written request to the 20th Special Prosecutor who was investigating the case, that he should retain competence, because the normative grounds for the constitutional jurisdiction were articles 235(4) and 251(1) of the 1991 Constitution of Colombia (evidence file, folios 42503, 42504 and 42506). 322 Cf. Statement made by Rito Alejo del Río Rojas before the 20th Special Prosecutor, UDH-DIH. July 2, 2009 (helpful evidence, Case file 426, original volume No. 12, evidence file, folio 42500). 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 15507). 323 Cf. Decision of the 20th Special Prosecutor, UDH-DIH of August 14, 2009. Case file 426, original volume No. 12 (evidence file, folio 42512). 324 Cf. Statement made by Rito Alejo del Río Rojas on the re-opening of the investigation; 20th Special Prosecutor, UNDH-DIH. Case file 426, original volume No. 12 (evidence file, folios 42515 and 42516). 325 Cf. Brief with request to joinder and re-open the investigation made by General del Río’s defense counsel. Case file 426, original volume No. 13 (evidence file, folio 42528). 326 Cf. Answering brief of the prosecutor, María Gladys Pabon Lizarazo, head of the 42nd Special Prosecutor’s Office, UNDH-DIH, of September 21, 2009. Case file 426, original volume No. 13 (evidence file, folio 42531). 327 Cf. Decision of the Prosecutor General of November 25, 2009. Case file 426, original volume No. 20 (evidence file, folio 43735). 328 Cf. Decision of the Prosecutor General of Janaury 18, 2010. Case file 426, original volume No. 20 (evidence file, folio 43746). 329 Cf. Secretariat’s report of April 12, 2010, on the decision of the Plenary Chamber of the Supreme Court of Justice at its regular session of March 18, 2010. Case file 426, original volume No. 20 (evidence file, folio 43771). 330 In the communication, the Prosecutor General based his decision on the case law of the Supreme Court of Justice of September 2009 (files 31653 and 27032 of September 1 and 11, respectively), and also on the new evidence 61