65 96.111 Subsequently, the agent for the civil party and defense counsel for Lieutenant Colonel Hernán Orozco Castro requested preclusion of the investigation against him, before the National Human Rights and International Humanitarian Law Unit. He also argued that Orozco Castro was being threatened, presumably by military.113 96.112 On September 2, 2002 the National Human Rights and International Humanitarian Law Unit of the Office of the Attorney General rejected the request for preclusion of the investigation in favor of the LC (r) Hernán Orozco Castro submitted by the agent for the civil party and by his contractual defense counsel (supra para. 96.111), based on non-fulfillment of the legal requirements set forth in Article 39 of the Criminal Procedures Code that establishes the generic grounds for preclusion of the investigation, as follows: [t]hat the conduct has not existed, that the accused did not commit it, that the conduct is not in accordance with the definition of the crime, that grounds for non-liability have been proven, and that the action could not commence or cannot continue. Said Unit also ordered that the matter be remitted to the Office for the Protection of Victims and Witnesses of the Public Prosecutor’s Office, for it to report on the assessment regarding the protective measures to be taken, based on a risk-level assessment, with regard to Lieutenant Colonel (r) Hernán Orozco Castro, taking into account the facts noted. Finally, the National Human Rights Unit established that [since] one of the principles that regulate the criminal proceeding is that of procedural unity, according to which only one proceeding will be conducted to investigate and try each punishable fact, whatever the number of perpetrators or participants, as well as that when the punishable facts are connected to each other, and taking into account that this court was likewise hearing these criminal episodes, by means of case 784 UDH, it is necessary to join the current criminal proceedings for them to be conducted as part of one procedural string.114 96.113 On October 28, 2002 an arrest warrant was issued against Arnoldo Vergara Trespalacios, aka “Mochacabezas” or “Percherón”, as the alleged coperpetrator of the crimes of aggravated homicide, aggravated kidnapping for extortion, terrorism and conspiracy to commit the crimes of homicide, kidnapping for extortion and terrorism; against Francisco Enríquez Gómez Bergaño, as the alleged co-perpetrator of the crimes of aggravated homicide, aggravated kidnapping for extortion, terrorism and conspiracy to commit those crimes; and against Raúl Arango Duque, as the alleged perpetrator of the criminal hypothetical of conspiracy to commit the crimes of homicide, kidnapping for extortion and terrorism and abstaining from ordering the arrest of Raúl Arango Duque for the crimes of aggravated homicide, aggravated kidnapping for extortion, and terrorism.115 113 See September 2, 2002 decision by the National Human Rights Unit (file with appendixes to the application, appendix 45, pages 767 to 769). 114 See September 2, 2002 decision by the National Human Rights Unit (file with appendixes to the application, appendix 45, pages 767 to 774). 115 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 4992), and October 28, 2002 decision by the National Human Rights and International Humanitarian Law Unit (file with appendixes to the application, appendix 43, page 753).