4
reported that “there are outstanding warrants for the arrest” of Messrs. Jaime Alberto
Peña-Casas and Antonio Alonso-Martínez. At the private hearing (supra Having Seen
clause No. 7), the State undertook to arrange for the arrest of said persons to
become a priority, on the understanding that, in 2008, the director of the National
Police Department had already issued specific instructions so that arrests connected
to homicides would be given priority. On the other hand, the State mentioned that
Mr. Elías Sandoval-Reyes is serving a sentence of 22 years in prison at the National
Police Facatativá penitentiary center as a result of facts related to the instant case.6
9.
At the private hearing (supra Having Seen clause No. 7), the representatives
pointed out that, pursuant to Sections 312 and 350 of the Colombian Code of
Criminal Procedure, the organs in charge of enforcing the arrest warrants are “DAS
[Administrative Department of Security], when performing judicial police functions,
the Public Prosecutor’s Office’s Investigation Division and the National Police
Department.” In this regard, they asked the Court to instruct the State to submit
detailed information on the activities carried out by said organs in connection with the
arrests that are still pending, “from the issue of the warrant to date […,] to make the
judgment of conviction fully effective.”
10.
At the private hearing (supra Having Seen clause No. 7), the Inter-American
Commission stated that, even though one of the perpetrators is currently serving his
sentence, “there are two more persons who have also been convicted but remain at
large,” and that it is unaware of the “actions [that have been] taken to bring them to
justice.”
11.
It is the Court’s view that the State has not offered complete, detailed
information that would allow the adequate monitoring of compliance with this aspect.
It is necessary for the State, in particular, to submit information to this Tribunal
regarding the date on which the outstanding arrest warrants were issued and the
actions taken by the appropriate organs in connection therewith. The Court would like
to point out that, as indicated by the State at the private hearing (supra Having Seen
clause No. 7), even though a general order giving priority to the enforcement of
arrest warrants related to homicides has been in place since 2008, in the instant case
two years have elapsed since then without this being actually enforced.
*
**
perpetrator of the murders of Hernán Javier Cuarán-Muchavisoy, Julio Milciades Cerón-Gómez, Edebrades
Norberto, William Hamilton-Cerón, Artemio Pantoja-Ordóñez and NN/Moisés, and to reverse the appealed
ruling and convict Antonio Alonso-Martinez, Jaime Alberto Casas and Elías Sandoval-Reyes and order
payment of compensation for moral and pecuniary damage to the victims.
6
When the crimes were committed in the instant case, Mr. Antonio Alonso-Martínez “was a member
of the National Police force, where he was a Captain;” Mr. Jaime Alberto Peña-Casas “was a Lieutenant at
the National Police Department,” and Mr. Elías Sandoval-Reyes “was an officer of the National Police
Department.” Cf. 41st Criminal Court of the Bogotá Circuit, judgment of December 13, 2004, File No. 2122001 (file on compliance with judgment, vol. II, folios 976 to 1041). Likewise, Criminal Chamber of the
Superior Court of the Judicial District of Bogotá, judgment of March 31, 2006, File No.: 200100212, and
Criminal Review Chamber of the Supreme Court of Justice, order of June 10, 2008, File No. 27426.
Dismissal. Available at: http://www.policia.gov.co/portal/page/portal/INSTITUCION/normatividad, last
visited on February 2, 2010.