declared res judicata by establishing that the same facts had been decided in the investigation under file No. 001-14956.390 186. Disciplinary proceeding 001-14956 commenced on September 9, 1996, in order to investigate two instances of possible disciplinary offenses. One of the events investigated was the multiple homicide of four peasants that had taken place on September 7, 1996, in the district of San José de Apartadó. According to the witnesses, the deaths were due to the victims’ participation in negotiations for the return of the displaced peasant families provisionally accommodated in the Turbo sports arena to their places of origin. The second incident investigated related to the coercion and humiliating and derogatory treatment by Alejo del Río Rojas of the members of the negotiating committee for the return of some of those displaced in the municipalities of Turbo and Apartadó to their places of origin. However, it was verified that these insults and mistreatment had not been recorded in the minutes of the agreements signed with the peasants who were peacefully occupying the Turbo sports arena. Regarding the first incident examined, certified copies of the case file of the massacre were ordered in order to assess the possible responsibility of a soldier who was accused by witnesses as a possible participant in the crime. However, on December 14, 1999, the Public Prosecution Service (hereinafter “PGN”) ordered that the file be archived.391 187. Other disciplinary investigations were also opened, including the procedure under file No. 155-58322-2001, to which were joindered investigations Nos. 155-58323-2001 and 155-583242001 in 2002, but they were archived for lack of evidence on August 12, 2005.392 In addition, investigation No. 155-62251-2001 was opened against the members of the Army, Riosucio, Chocó (and others to be determined), for omissions by the Armed Forces as a result of their failure to intervene following reports of paramilitary presence in Cacarica during 1999 and 2000. On May 31, 2002, the investigation was extended for six months,393 and on January 23, 2004, it was archived for lack of evidence.394 Investigation No. 022-090508-2003 against the Army for failing to respond to incursions of illegal armed groups in Cacarica has also been archived.395 188. In 1999, disciplinary investigation No. 155-33124-1990 was also opened against the Director General, the Secretary General and the Deputy Director of Sustainable Development of Chocó-CODECHOCÓ. On December 19, 2002, a single instance judgment was delivered sentencing the three defendants to removal from their functions and ineligibility to exercise public functions for five years.396 The decision was appealed by the defense, and confirmed by the Disciplinary Chamber regarding the charges based on which they had been convicted, with 390 Cf. Public Prosecution Service. Decision issued on December 5, 2002 (evidence file, folios 2242). See also: Jaime Rodríguez Matiz, Adviser to the Human Rights Unit of the Public Prosecution Service. January 10, 2010 (evidence file, folio 45196). 391 Cf. Communication of the Public Prosecution Service in File No. 001-14956 (evidence file, folio 45284). 392 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 15512). Case file No. 155-58322-2001 was opened against officials of the Ministry of Transportation in Bogota and others to be determined, for possible acts or omissions by public servants in relation to dredging work on the Perancho and Peranchito Rivers and clearing the navigable waterways on the Cacarica River in 2000 (evidence file, folio 2246). Investigations 155-58323 and 155-58324 against officials of the Social Solidarity Network of the Presidency of the Republic and against officials of the Ministry of Transportation in Bogota, respectively, for presumed failure to comply with the delivery of food and medicines, respectively, to the displaced in 2002 (evidence file, folio 2246). 393 Cf. Report of August 12, 2003, of the State of Colombia on MC 70/99 (evidence file, folio 2246). 394 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 15512). 395 Cf. Ministry of Foreign Affairs, 27th report of the State of Colombia on MC 70/99. March 28, 2006 (evidence file, folio 4981). 396 Cf. Report of August 12, 2003, of the State of Colombia on MC 70/99 (evidence file, folio 2246). 69

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