45
Hinestroza Moreno also appeared as defendants. A number of procedural steps were taken with regard
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to the General,
and the proceedings are currently pending before the Second Specialized Criminal
Judge of the Bogotá Circuit. With regard to the other two accused, certain procedural steps were
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taken. In addition, William Manuel Soto, Fredy Rendón Herrera and Marino Mosquera Fernández are
also under investigation for their alleged responsibility in the commission of these offenses.
200.
On May 8, 1998, Coronel (Ret.) Carlos Alfonso Velásquez Romero Segundo,
Commander and Chief of Staff of the XVII Brigade stationed in Carepa (Antioquia) made a statement
indicating
With regard to members of the Army there were signals from officers and non-commissioned
officers that could work with them [the Self-Defense Forces] in certain teams to say some names
and also other members of the Army who did not appreciate the dangers of this violent factor and
did not proceed against the Self-Defense Forces more due to omission that action.
In the six months I worked under his [General Rito Alejo Del Río Rojas] command, I never heard
either verbally or in writing of a willingness to act against the Self-Defense Forces. I remember
once recently he came back from a trip he made to Bogotá to attend a social event celebrating the
promotion of a Brigadier General, where he was told something like ‘Mister del Río, you have over
there in Urabá a strategic ally, the paramilitaries, that you need to know how to use.
During the second half of 1995, when General del Río had not yet arrived in the Brigade, 16 or 18
members of illegal organizations were detained in various operations, and placed at the disposition
of the Prosecutor's Office in Medellín, but from the beginning of the second half of December 1995,
and during the first half of 1996, when I was working there, there was not one single capture or
killing of members of these groups or, pardon, perhaps there was one deceased in an incident with
troops and a vehicle but it wasn't a planned operation. I have no reason to believe that there was a
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operation against any group of the self-defense forces ordered from the brigade.
…continuation
19th delegated prosecutor to the Justice and Peace Courts of Medellin. This step took place on August 28, and 29, 2008. Judicial
inspection step on all the voluntary depositions rendered by those previously mentioned. Undertaking the judicial inspection is fixed
for August 26, 2008. Determination whether Marino Mosquera Fernández was deceased at that date. In the meanwhile, arrest
warrant issued against him to be heard without a sworn affidavit. Investigator is charged to conduct an inquest aimed at establishing
the participation of members of the Army in the events. 22/08/2008: PGN chamber provided with a copy of the step of voluntary
deposition of Salvatore Mancuso on May 15, 2007. The foregoing with the purpose of studying the possibility of starting a revision
appeal against the Preclusion decision of December 9, 2004. 03/09/2008: General Del Río Rojas was joint in proceedings with case
file number 2332 of the UDH-FGN for the crime of murder of a protected person, the victims being Marino López Mena. In addition,
the judicial situation of Luis Muentes Mendoza and Diego Luis Hinestroza Moreno is resolved and they were subject to bail
conditions of preventive detention. 05/09/2008 – 08/09/2008: step of interrogation of General Del Río Rojas undertaken. 12/09/2008:
decision to impose bail conditions of preventive detention against General Del Río Rojas, as a possible material co-perpetrator to
the crime of murder of a protected person. 25/09/2008: taking of evidence ordered. 29/09/2008: partie civile claim admitted,
presented by the lawyer Liliana Andrea Ávila García, representing Emedelia Palacios Palacios. 27/10/2008: taking of evidence
ordered. 14/11/2008: order for partial closure of the investigation underway against Mr. Del Río Rojas for the crime of murder of a
protected person. 02/12/2008: legal representative of the partie civile lodged motion for review against the resolution of November
14, 2008, which ordered the closure of the investigation and proceed with the substance of the investigation. 24/12/2008: partie
civile filed allegations on outlined charges. 26/12/2008: substance of the investigation against General Del Río Rojas with
indictment decision. 24/02/2009: appeal suit lodged by the defense resolved, which confirmed the correctness of the indictment
resolution. Note of the Foreign Ministry, August 27, 2009, para. 183.
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On February 24, 2009, the Unit of Delegated Prosecutors before the Superior Court of Bogota resolved the appeal
lodged by the defense against the indictment resolution, confirming it; on March 24, 2009, the Criminal Cassation Chamber of the
Supreme Court ordered the transfer to the Judicial District of Bogota. Note of the Foreign Ministry, August 27, 2009, para. 184.
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On August 29, 2008, Luis Muentes Mendoza was formally linked to the investigation and on September 3, 2009, his
judicial situation was resolved and bail conditions of preventive detention imposed on him, for the offenses of murder of a protected
person -Marino López Mena-, forced displacement and conspiracy to commit crimes. On August 29, 2008, Diego Luis Hinestroza
Moreno was formally linked to the investigation and on September 3, 2009, his judicial situation was resolved and bail conditions of
preventive detention imposed on him, for the offenses of murder of a protected person -Marino López Mena-, forced displacement
and conspiracy to commit crimes. Note of the Foreign Ministry, August 27, 2009, para. 184.
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Annex 74 Statement made by Colonel (ret.) Carlos Alfonso Velásquez Romero (Chief of Staff between July1, 1995 and
June 30, 1996) before the UDH on May 8, 1998. Annexes to the initial petition received on June 1, 2004.