56
96.81 The Public Prosecutor’s office, a body of the Attorney General’s Office, filed an
appeal against the March 30, 1999 ruling (supra para. 96.80).83
96.82 On April 7, 1999 the National Human Rights Unit of the Office of the Attorney
General filed charges under regular venue against the following individuals and for
the following crimes:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Carlos Castaño Gil, as instigator of the crimes of aggravated homicide,
aggravated kidnapping, terrorism and conspiracy to commit a crime. The
arrest warrant against him was also reiterated;
Julio Enrique Florez González, as direct perpetrator of the crimes of
aggravated homicide, aggravated kidnapping, terrorism and conspiracy to
commit a crime. The arrest warrant against him was also reiterated;
Luis Hernando Méndez Bedoya, aka “René”, as instigator of the crimes of
aggravated homicide, aggravated kidnapping, terrorism and conspiracy to
commit a crime;
José Vicente Gutiérrez Giraldo, as perpetrator of the crime of conspiracy
to commit a crime;
Pilot Juan Manuel Ortiz Matamoros, as perpetrator of the crime of
falsifying a private document and an accomplice to conspiracy to commit a
crime. The investigation against him regarding the crimes of aggravated
homicide, aggravated kidnapping and terrorism was precluded;
Pilot Helio Ernesto Buitrago León, as an accomplice to the crime of
conspiracy to commit a crime. The investigation against him regarding the
crimes of aggravated homicide, aggravated kidnapping and terrorism was
precluded;
Pilot Jorge Luis Almeira Quiroz, as perpetrator of the crimes of falsifying a
public document and as an accessory after the fact;
Second Sergeant Juan Carlos Gamarra Polo, as perpetrator of the crime of
conspiracy to commit a crime, and as an accomplice to the crimes of
aggravated homicide, aggravated kidnapping and terrorism;
Sergeant José Miller Ureña Díaz, as co-perpetrator of the crimes of
conspiracy to commit a crime, aggravated homicide, aggravated
kidnapping and terrorism.84
96.83 The Public Prosecutor’s Office challenged the April 7, 1999 ruling of the
National Human Rights Unit of the Public Prosecutor’s Office of the Human Rights
Unit (supra para. 96.82) in an application for reconsideration and appeal to the
Deputy Public Prosecutor’s Office before the High District Court. In this regard, it
requested, inter alia, partial nullification of action against Carlos Castaño Gil, due to
violation of his right to defense, against Julio Enrique Florez González, due to
violation of his right to defense and for not having been individually identified, and
against José Vicente Gutiérrez Giraldo, for violation against him of the principle of
comprehensive investigation. Also, with regard to Juan Manuel Ortiz Matamoros, it
argued lack of competence to issue a ruling, since he was accused of the crime of
falsifying a private document and, with regard to the conspiracy to commit a crime,
83
See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to
the application, appendix 54, page 817).
84
See indictment issued on April 7, 1999 by the Prosecutor’s Office of the National Human Rights
Unit (file with appendixes to the brief containing pleadings and motions, appendix 27, page 3207 bis), and
ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to the
application, appendix 54, page 817).
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