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failing to respond to incursions of illegal armed groups in Cacarica has also been archived.395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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