61
96.94 On September 28, 1999 the Attorney General’s Office decided to abstain from
ordering the detention of First corporal Leonardo Montoya Rubiano. The Public
Prosecutor’s Office filed an appeal against said decision.96
96.95 On November 16, 1999 the Attorney General’s Office decided to file charges
against Lieutenant Colonel Lino Hernando Sánchez Prado for his possible liability as
an active participant in the crime of conspiracy to commit a crime and by omission,
with regard to the crimes of aggravated homicide, aggravated kidnapping and
terrorism. Lino Hernando Sánchez Prado filed an appeal against said decision and
the Public Prosecutor’s Office filed an appeal for reconsideration subsidiary to the
appeal against that decision, which was upheld by the Special Chamber to expedite
proceedings of the Deputy Public Prosecutor’s Office before the High Court of the
Judicial District of Santafé de Bogotá on April 12, 2000, with a modification regarding
the form of conduct as co-author by action and not by omission, as stated in the
decision on the definition of the crime.97
96.96 On December 31,1999 the Attorney General’s Office remitted
[…] the proceeding […] for the second time for the following appeals to be made
effective: Appeal granted with a devolutive effect, filed by the Agent of the Public
Prosecutor’s Office, against the September 28, 1999 decision, in which that office
abstained from ordering the detention of first corporal Leonardo Montoya Rubiano […];
subsidiary appeal for reconsideration, granted in its suspensive effect, filed by the Agent
of the Public Prosecutor’s Office against the decision dated November 16, 1999, which
partially defined the merits of the preliminary proceedings with a decision to file charges
against L.C. Lino Hernando Sánchez Prado […] and the appeal, granted in its suspensive
effect, filed by Doctor Henry Palacios Salazar and Lino Hernando Sánchez Prado, against
the decision dated November 16, 1999 […].98
96.97 On April 12, 2000 the Deputy Public Prosecutor’s Office before the High Court
of the Judicial District upheld the decision regarding the merits of the preliminary
proceedings with regard to Lino Hernando Sánchez Prado, and the September 28,
1999 decision in which the Attorney General’s Office abstained from ordering the
detention of Leonardo Montoya Rubiano (supra para. 96.94). That decision identified
as victims in Mapiripán José Ronal Valencia, Sinaí Blanco aka “Catumare”, Agustín N.
Cotero and an unidentified person listed as “NN”. It added that “unfortunately there
are apparently many more missing than those on whom there is information,” and at
the site called La Cooperativa Álvaro Tovar Morales, Jaime Pinzón, and Raúl Morales
were found dead.99
96
See December 31, 1999 decision by the Deputy Prosecutor’s Office before the High Court of the
Court Circuit of Santafé de Bogotá (file with appendixes to the brief containing pleadings and motions,
appendix 16, page 3093).
97
See December 31, 1999 decision by the Deputy Prosecutor’s Office before the High Court of the
Court Circuit of Santafé de Bogotá (file with appendixes to the brief containing pleadings and motions,
appendix 16, pages 3093 and 3094), and April 12, 2000 order, issued by the Deputy Prosecutor’s Office
before the High Court of the Court Circuit of Santafé de Bogotá (file with appendixes to the application,
appendix 2, pages 52 and 53).
98
See December 31, 1999 decision by the Deputy Prosecutor’s Office before the High Court of the
Court Circuit of Santafé de Bogotá (file with appendixes to the brief containing pleadings and motions,
appendix 16, pages 3093 and 3094).
99
See April 12, 2000 order, issued by the Deputy Prosecutor’s Office before the High Court of the
Court Circuit of Santafé de Bogotá (file with appendixes to the application, appendix 2, pages 52, 66, 78
and 79).
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