and against the Commander of the 13th Brigade (supra paras. 181, 183, 184, 185 to 188
and 189 to 191). 291 The designated prosecution unit had the support of “a working group of
prosecutors and a group from the CTI Judicial Police.” 292
F.8 Disciplinary investigations
209. The events of the taking and retaking of the Palace of Justice were the object of
several disciplinary investigations conducted by the Office of the Special Attorney assigned
to the Military Forces and by the Office of the Special Attorney assigned to the National
Police.
F.8.a) Office of the Special Attorney assigned to the Military Forces
210. On June 26, 1988, the Office of the Special Attorney assigned to the Military Forces
ordered the opening of a disciplinary investigation against the Colonel, Head of the B-2, and
the Commander of the 13th Brigade. On June 27, 1989, it was decided that the former was
“presumably responsible for the disappearance” of Irma Franco Pineda and for “the
detention, physical, verbal and mental ill-treatment” of Eduardo Matson Ospino and Yolanda
Santodomingo Albericci, while the Commander of the 13th Brigade might have violated
Decree 1776 of 1979 owing to his actions in relation to the protection of the life of the
hostages. 293
211. On September 28, 1990, the Special Attorney assigned to the Military Forces decided
to order a disciplinary sanction requiring the removal of the Commander of the 13th Brigade
because he had not taken the necessary steps to protect the life of the defenseless civilian
hostages. 294 In addition, he decided to order a disciplinary sanction requiring the removal of
the Colonel, Head of the B-2, because he was responsible for the disappearance of Irma
Franco Pineda, “who, according to the evidence was alive when she left the Palace of Justice
and was transferred to the Casa del Florero.” However, the latter was acquitted “of the
verbal and physical ill-treatment and confiscation of belongings of […] Eduardo Arturo
Matson Ospin[o] and Yolanda Ernestina Santodomingo Albericci” because, although “the
unlawful detention and torture” had been proved, this could not be attributed to the said
colonel. In addition, the Attorney ordered “separate certified copies of the case file in order
to conduct a disciplinary investigation of the conduct of the Second-in-Command of the
Charry Solano Battalion for what happened to Eduardo Matson Ospino and Yolanda
Santodomingo Albericci. 295
291
The investigations ordered by the second instance judgment against the Commander of the Cavalry School
included into “[t]he presumed false testimony of […] Maria Nelfi Díaz in [her] statement of November 25, 2008”; the
acts against Yolanda Santodomingo Albericci, Eduardo Matson Ospino and Orlando Arrechea Ocoro; the testimony of a
sergeant “in order to investigate his intervention, as well as that of the members of the 7th Brigade of Villavicencio
who, on November 6 and 7, 1985, were in the Cavalry School and possibly participated in the perpetration of the
offenses of forced disappearance, torture and homicide of which the individuals rescued from the Palace of Justice
were victim”; “[p]ossible concurrence of crimes of forced disappearance in which the […] Director General of the
National Police and other officials including those from intelligence units could be implicated,” as well as “with regard to
the Director of the Administrative Department of Security (DAS) and of the units that […] possibly took part in the
interrogations and disappearances of hostages and members of the guerrilla who left the Palace of Justice alive.”
Decision of the Prosecutor General’s Office of October 18, 2013 (merits file, folio 3502).
292
Decision of the Prosecutor General’s Office of October 18, 2013 (merits file, folios 3501 and 3502).
293
Cf. Decision of the Office of the Special Attorney’s assigned to the Military Forces of September 28, 1990
(evidence file, folio 2638), and notes of the Office of the Special Attorney’s assigned to the Military Forces of June 27,
1989 (evidence file, folios 2632 and 2635).
294
At the same time, the Commander of the 13th Brigade was acquitted as regards the “fire that occurred in the
Palace of Justice,” considering that there was no evidence that the Military Forces had caused it. Cf. Decision of the
Office of the Special Attorney’s assigned to the Military Forces of September 28, 1990 (evidence file, folio 2664).
295
Cf. Decision of the Office of the Special Attorney’s assigned to the Military Forces of September 28, 1990
(evidence file, folios 2664 and 2665). According to the Truth Commission, in the end, the Colonel, Head of the B-2,
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