169. On August 29, 2008, the statements were heard of Luis Muentes and Diego Luis Hinestroza.357 On September 3, 2008, the acting prosecutor decided the legal situation of these two paramilitaries imposing preventive detention.358 In the same decision, the prosecutor decided to summon the Commander of the 17th Brigade, Rito Alejo del Río Rojas, to testify in relation to the murder of Marino López Mena.359 170. On September 4, 2008, Rito Alejo del Río Rojas was arrested and, since then, remains “in custody” in a military barracks of the 13th Brigade in Bogota.360 171. On September 5, 2008, the statement of General del Río Rojas was heard, and his legal situation was decided on September 12 that year, imposing preventive detention, as possible co-perpetrator of the crime of murder of a protected person.361 172. On December 26, 2008, the 14th Special Prosecutor issued a decision indicting Rito Alejo del Río Rojas as having command responsibility in an organized power structure for the crime of aggravated homicide of which Marino López Mena was the victim.362 173. On February 24, 2009, the indictment decision was confirmed by the Prosecutors Unit delegated to the Superior Court of Bogota, after it had been appealed by the defense counsel. 363 Consequently, that stage of the procedure was suspended and the proceedings opened against retired General Rito Alejo del Río Rojas passed to the trial stage.364 174. The competence for conducting the trial was assigned to a judge of both civil and criminal cases of the Riosucio Circuit. However, following a request by the prosecutor in the case, by a decision of March 24, 2009, the Supreme Court of Justice ordered the transfer of 357 Cf. Decision of the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit of Bogota, September 3, 2008 (evidence file, folio 9901). 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 15485). Also, the evidence file before this Court contains other statements made during proceedings 2332 by the demobilized paramilitaries Luis Muentes Mendoza (evidence file, folios 17892 and ff., 18392 and ff.) and Diego Luis Hinestroza (evidence file, folios 17164 and ff., 17905, and 17708). 358 Cf. Decision defining the legal situation of Luis Muentes Mendoza and Diego Luis Hinestrosa Moreno issued by the 14th Prosecutor of the Human Rights Unit of Bogota (evidence file, folio 9914). 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 15485). 359 Cf. 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 15485). 360 Cf. Custody record No. 003, of September 4, 2008, signed by the 2nd Special Prosecutor, Human Rights and International Humanitarian Law Unit, addressed to the Batttalion Commander of No. 13 Military Police Unit, requesting that Rito Alejo del Río be kept in custody; folio 136, volume, No. 3 (evidence file, folio 9917). 361 Cf. 14th Prosecutor of the Human Rights Unit of Bogota. Decision of September 12, 2008, deciding the legal situation of Rito Alejo del Río (evidence file, folio 1512). 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 15485). 362 Cf. Prosecutor General’s Office. 14th Prosecutor, indictment of retired General Rito Alejo del Rio, case file 2332 (evidence file, folios 8850 to 8898). 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 15485). 363 Cf. 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 15485). See also: Note of the Ministry of Foreign Affairs of August 27, 2009, para. 184 (evidence file, folio 7629). 364 Cf. 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 15485). 65