43 integrity and to prevent any reprisals against members of the UDH in response to the legitimate exercise 194 of their functions. 193. On July 16, 2002, the petitioners filed an actio popularis on behalf of all humanity, within 195 process No. 5767, which was rejected by the Prosecutor General on August 13, 2002. A request for 196 review of the decision was lodged before the same Prosecutor, who upheld the initial decision. 194. On September 25, 2002, Father Javier Giraldo, the legal representative of the petitioners, lodged a tutela action before the Criminal Cassation Chamber of the Supreme Court of Justice, in his own 197 name, as a directly injured party. The tutela was rejected on October 8, 2002, on the basis that "a constitutional judge may not examine steps in a judicial proceeding or court orders through a tutela 198 remedy." This judgment was selected by the Constitutional Court for revision, and the Court decided to reverse the decisions issued by the Prosecutor General and the Supreme Court and ordered the 199 Prosecutor General to proceed to the admission of the partie civile claim. 195. On May 29, 2003, when reviewing the situation of General (Ret.) del Río Rojas, the 200 Prosecutor General decided not to impose bail on him. 196. Subsequently Oswaldo Giraldo Yepes made a statement, retracting what he had said earlier and explained On this occasion I would like to let the Colombian judiciary know about the dilemma I find myself in. A few days ago I placed my problem in the hands of the Colombian courts and I have not been given the necessary support since they have removed all protection from myself and my family. I hope, gentlemen in charge of justice, that you realize that I am being threatened so that I retract my aforementioned deposition, and because of fear I feel compelled to retract; due to the pressure I'm suffering was that I said that I didn't want to know anything about justice, as I realize that the paramilitaries have seized the Yarumal village in complicity with justice; I fear for my family because Colombian justice and institutions do not provide the help I need as a Colombian who 201 wishes to denounce the corrupt. 194 Annex 68. MC 185-01. Pedro Díaz Romero et al. IACHR. See Annex 66. IACHR Press Release No. 21/01. IACHR's Concern at changes in the National Human Rights Unit in Colombia. See http://www.cidh.org/Comunicados/English/2001/Press2101.htm. 195 The Prosecutor General considered: "there are no grounds to bring a suit, since the plaintiff is not a victim of the events punishable in the complaint and which are set forth in the partie civile action...". Annex 70. Constitutional Court, Judgment T-249, of March 21, 2003, p.4. Annex to the original petition of June 1, 2004. 196 Decision of October 4, 2002. Petitioners’ allegations on the merits received on March 10, 2008, para.171. See also: Annex 70. Constitutional Court, Judgment T-249 of March 21, 2003, p. 4. Annex to the original petition of June 1, 2004. 197 Annex 70. Constitutional Court. Judgment T-249 of March 21, 2003, p. 7. Annex to the original petition of June 1, 2004. 198 Annex 70. Constitutional Court. Judgment T-249 of March 21, 2003, p. 8. Annex to the original petition of June 1, 2004. 199 Annex 70. Constitutional Court. Judgment T-249 of March 21, 2003, p. 29. Annex to the original petition of June 1, 2004, 200 Annex 64. Prosecutor sets legal situation of Brigadier General (ret.) Rito Alejo del Río Rojas proceedings 5767, p. 14. Annex 7 to the Note of the Colombian Foreign Ministry No. DDH GOI 18083/0836, received on May 1, 2006. 201 Annex 71. Communication of Oswaldo Giraldo Yépez to the UDH on October 7, 2002, revealing the reason for his retraction and hand written communications of Oswaldo Giraldo Yépez to the Yarumal Prison Warden, Antioquia on February 12, 2002 in which he informs that he fears for his safety in the penitentiary center and that his life and that of his family are in danger; the Yarumal sectional Prosecutor on February 18, 2002, requesting that he be called for interrogation to be made aware of the name and location of the perpetrator of the murder of the brother of a councilor, to Dr Luna Prada on March 1, 2002, requesting that a statement be taken from him since he wants an end to the corruption and violence in his country and requesting security measures for his family, to Dr. Luna Prada on March 22, 2002, begging for justice, adding a threat sent to his wife and repeating the request for protection of his family; to Dr. Luna Prada on March 25, 2002, requesting the Yarumal Prosecutor take his statement, since in the penitentiary center he is taken for a "human rights toadie" for all that he has told up until then; to Dr. Luna Prada on April 4, 2002, professing his innocence and the reasons for his statements and that a statement be taken from him as soon as possible; to the special Human Rights Public Prosecutor in Bogota on April 11, 2002, professing his innocence and requesting that the relevant investigations be undertaken and the interrogation be widened, to the special Human Rights Public Prosecutor in Bogota and to Dr. Luna Prada on April 20, 2002, imploring that the relevant investigations be made to demonstrate his innocence and that Continues…

Select target paragraph3