70
b)
charges have been filed against thirteen accused persons, five of
whom are members of the Army (supra note 96.82, 96.95, 96.115 and
96.119);
c)
the Attorney General’s Office has ordered nine preventive detention
measures.
Of these, the arrest warrants against Arnoldo Vergara
Trespalacios, Francisco Gómez Vergaño and Miguel Enrique Vergara Salgado,
alleged paramilitary, have not been effective;
d)
there are two first-instance convictions against seven individuals,
namely the paramilitary Carlos Castaño, Julio Enrique Flórez, Luis Hernando
Méndez Bedoya and José Vicente Gutiérrez Giraldo, Sergeants José Miller
Ureña Díaz and Juan Carlos Gamarra Polo, and Lieutenant Colonel Lino
Hernando Sánchez Prado (supra paras. 96.117 and 96.120). There is an
appellate sentence that acquitted José Vicente Gutiérrez Giraldo and upheld
the previous conviction against Carlos Castaño, Julio Flórez, Sergeants José
Miller Ureña Díaz and Juan Carlos Gamarra Polo, and Lieutenant Colonel Lino
Hernando Sánchez Prado (supra para. 96.122);
e)
of these seven convictions to sentences involving imprisonment, there
are at least two arrest warrants pending execution, namely those issued
against the paramilitary Carlos Castaño Gil and Luis Hernando Méndez
Bedolla. However, according to information supplied by the State, the arrest
warrant issued against Carlos Castaño Gil is suspended;128 and
g)
on August 3, 2005 the National Unit of Public Prosecutors’ Offices
ordered that Salvatore Mancuso Gómez be formally joined to the proceeding.
However, on August 4, 2005 said Unit stated that “given his status as a
representative member of the ‘Autodefensas Unidas of Colombia’ in the
ongoing peace process and the demobilization and reinsertion into civilian life
of the men under his command, its suspension was ordered in accordance
with subparagraph two of paragraph two of Article 3 of Law 782 of 2002.
However, to ensure the appearance of Mancuso Gómez during the
investigation, the High Commissioner for Peace [was] ask[ed] to report on his
place of residence or location, for him […] to be heard during the investigative
phase.” On August 3, 2005 an arrest warrant was also issued against José
Pastor Gaitán Ávila, as the alleged co-perpetrator of the crimes of homicide in
combination with the punishable acts of kidnapping, terrorism and conspiracy
to commit a crime.129
Administrative-law proceedings
a) Next of kin of Álvaro Tovar Muñoz and José Rolan Valencia
128
See report prepared by the Office of the Attorney General on April 6, 2005 (file with appendixes
to the final pleadings submitted by the State, page 4986).
129
See August 3, 2005 decision by the National Human Rights and International Humanitarian Law
Unit; August 4, 2005 note, signed by a Specialized Prosecutor of the Office of the Attorney General,
addressed to the High Commissioner for Peace (file with evidence to facilitate adjudication submitted by
the representatives).
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