67
First: To convict Carlos Castaño Gil, (r) Cr. Lino Hernando Sánchez Prado and Julio
Enrique Florez, whose particulars are listed in this sentence, and as co-perpetrators of
the conducts with which they have been formally charged; therefore, each of the
accused is accordingly sentenced to forty (40) years in prison and additional punishment
of loss of rights pertaining to public functions for twenty (20) years.
Second: To convict, under the terms set forth, José Miller Ureña Díaz, whose particulars
are listed in this sentence and as co-perpetrator […] by omission of the conducts with
which he has been formally charged; therefore the accused is sentenced to thirty-two
(32) years in prison and the additional punishment of loss of rights pertaining to public
functions for twenty (20) years.
Third: Under the terms set forth, Juan Carlos Gamarra Polo, whose particulars are listed
in this sentence and as punishable perpetrator of conspiracy to commit a crime and an
accomplice to aggravated homicide, terrorism and kidnapping, is sentenced to twentytwo (22) years in prison and the additional punishment of loss of rights pertaining to
public functions for twenty (20) years.
Fourth: To declare that the accused have no right to any benefit regarding release, in
accordance [with] the aforementioned reasons.
Fifth: Under the terms set forth, Carlos Castaño Gil, Julio Enrique Flores González, Juan
Carlos Gamarra Polo, José Miller Ureña Díaz, Lino Hernando Sánchez Prado must pay
damages due to the violations of the right to humane treatment in accordance [with] the
content of the Whereas clauses of this judgment.
Sixth: To acquit Helio Ernesto Buitrago in accordance with what has been noted, for
which reason he will be given the benefit of release set forth in Article 365-3 of the CCP,
after personal cognizance and signing a document of commitment […]119.
96.118
On July 7, 11 and 22, 2003 Carlos Castaño Gil, Julio Enrique Florez
González, Juan Carlos Gamarra Polo and José Miller Urueña Díaz filed appeals before
the High Court of Bogotá against the June 18, 2003 judgment (supra para.
96.117).120
96.119
On July 30, 2003 the Unit of the Deputy Public Prosecutors’ Offices
before the High Court of Bogotá decided:
First: To revoke point four of the decision [of March 10, 2003] and instead to file
charges against retired Colonel Hernán Orozco Castro, allegedly liable, by improper
omission, of the crimes of aggravated homicide in successive conspiracy, and
concurrence of several culpable crimes with aggravated kidnapping, as stated in the
instant decision.
Second: To therefore order the preventive detention of Hernán Orozco Castro […] whose
civil and personal particulars are known in this proceeding, issuing the respective arrest
warrant.
Third: With the clarifications made before, to uphold in all its parts the other points of
the challenged decision.
Fourth: The point on “Other rulings” must be carried out.” [It is necessary given the
magnitude of the facts investigated, to attain clarity regarding all the participants in
those events; therefore, orders will be forwarded to investigate the possible liability of
civil, military and police authorities, in the municipalities of Apartadó and Neclocí in the
Department of Antioquia, the locations or corregimientos of Charras, Barrancón, La
119
See June 18, 2003 conviction, issued by the Second Criminal Court of the Specialized Circuit of
Bogotá (file with appendixes to the application, appendix 4, pages 115, 156 a) to c)).
120
See appeals filed on July 7, 11 and 22, 2003 by Carlos Castaño Gil, Julio Enrique Florez González,
Juan Carlos Gamarra Polo and José Miller Ureña Díaz, before the High Court of Bogotá (file with evidence
to facilitate adjudication submitted by the representatives).
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