197. In January 2010, an investigation was opened into the death of Carlos Horacio Urán Rojas. 271 An order was issued to exhume the body of Mr. Urán Rojas in order to perform a second autopsy (infra para. 345). In addition, several statements were received. 272 On August 27, 2010, the Prosecution Service implicated three of the country’s generals. 273 According to testimony provided during the public hearing by Ángela María Buitrago, who was the Fourth Prosecutor, “that day, the Prosecutor General […] requested [her] resignation on the basis of that decision.” 274 On August 31, 2010, the Prosecutor General appointed another prosecutor to take over the investigation.” 275 198. Subsequently, the case was assigned to the Sixth Prosecutor of the National Human Rights and International Humanitarian Law Unit, who summoned the three retired generals implicated in the investigation to appear in February 2011. That same month, the National Institute of Forensic Medicine and Science forwarded an autopsy report on Justice Urán Rojas 276 (infra para. 345). 199. Furthermore, on April 2, 2013, in a judgment against members of the M-19, the death of Carlos Horacio Urán Rojas was included among the deaths that occurred in the bathroom located between the second and third floors of the Palace of Justice 277 (infra para. 207). The Court held the members of the M-19 responsible for his murder by dolus eventualis, indicating that: Even though it could be believed that there is no certainty about the identity of the real perpetrators of the acts as a result of which the above-mentioned persons died, it is clear and irrefutable that the subversives took a group of hostages who they obliged to remain for more than 24 hours in a small space, subject to the anxiety of being struck by one or more of the projectiles resulting from the crossfire, to asphyxia from inhaling the smoke of the fire, to lack of food, medicines, and inadequate sanitation facilities, without those individuals demonstrating the most basic humanitarian gesture in 271 On April 23, 2008, the Prosecutor General appointed the Fourth Prosecutor delegated to the Supreme Court of Justice to conduct the investigation into the “liberation and death” of Mr. Urán Rojas. Cf. Decision of the Prosecutor General of April 23, 2008 (evidence file, folio 2606), and Decision of the Fourth Prosecutor delegated to the Supreme Court of Justice of December 21, 2007 (evidence file, folios 2587 to 2602). 272 Cf. Newspaper article, El Espectador, Tres generales (r) están enredados en asesinato de Magistrado de Palacio, of August 31, 2010 (evidence file, folios 2609 and 26010), and Newspaper article, El Espectador, En febrero será indagatoria de General (r) [Comandante de la Brigada XIII] por homicidio de magistrado Urán, of January 14, 2011 (evidence file, folios 2624 and 2625). 273 Cf. Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits in this case; Newspaper article, El Espectador, Tres generales (r) están enredados en asesinato de Magistrado de Palacio, of August 31, 2010 (evidence file, folios 2609 and 26010); Newspaper article, El Espectador, En febrero será indagatoria de General (r) [Comandante de la Brigada XIII] por homicidio de magistrado Urán, of January 14, 2011 (evidence file, folio 2624 and 2625), and Executive report of the National Human Rights and International Humanitarian Law Unit of the Prosecutor General’s Office of December 11, 2012 (evidence file, folio 32482). 274 Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits. However, in an interview published in the journal, Semana, Ms. Buitrago indicated that her resignation from the Prosecution Service’s office was “due to a series of changes that [the Prosecutor General was] implementing and was not the result of the fact that she had summoned three generals to appear for questioning in the case of Justice Urán [Rojas].” Meanwhile, the Prosecutor General explained that “Buitrago was conducting 137 investigations, of which 54 had been ongoing since 2008 ‘without any proceedings of any type,” and [he had] therefore decided to accept the formal resignation that he had asked the official to present.” Cf. Journal, Semana, ¿Por qué relevaron a la ‘Fiscal de Hierro’? of September 2, 2010 (evidence file, folio 2612). 275 Decision of the Prosecutor General’s Office of October 18, 2013 (merits file, folio 3501). 276 Cf. Decision of the Prosecutor General’s Office of October 18, 2013 (merits file, folio 3501); newspaper article, El Espectador, En febrero será indagatoria de General (r) [Comandante de la Brigada XIII] por homicidio de magistrado Urán, of January 14, 2011 (evidence file, folio 2624), and forensic autopsy prepared by the National Institute of Forensic Medicine and Science on February 11, 2011 (evidence file, folio 15900). 277 Cf. Judgment of the Second Criminal Court of the Bogota Special Circuit of April 2, 2013 (evidence file, folios 35043 and 35044). 67

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