173. The Fourth Prosecutor: (i) ordered the reception of the testimony, among others, of
Belisario Betancur Cuartas, President of the Republic at the time of the taking of the Palace
of Justice; (ii) issued requests to “national and international radio and television stations” in
order to receive the videos reporting the events of November 6 and 7, 1985; (iii) between
2006 and 2008, summoned the next of kin of the disappeared persons to make
identifications in videos, 224 and (iv) on February 1 and 2, 2007, conducted inspections of
the facilities of the Army’s 13th Brigade 225 and of the Cavalry School. 226 During these
inspections a note referring to Yolanda Santodomingo Albericci and Eduardo Matson Ospino
was found as well as personal documents of Carlos Horacio Urán Rojas (supra para. 138
and infra para. 196).
174. On September 28, 2007, the Fourth Prosecutor issued an indictment against five
members of the B-2 of the Army’s 13th Brigade, for the aggravated abduction and the
forced disappearance of the presumed victims in this case, with the exception of Ana Rosa
Castiblanco Torres and Carlos Horacio Urán Rojas. 227 Also, between February 2008 and
March 2009, the Fourth Prosecutor issued indictments against another five retired Army
officers (the Commander of the Cavalry School at the time, 228 three members of the
Intelligence and Counterintelligence Command (COICI), 229 and the Commander of the 13th
Brigade at the time 230), for the offenses of aggravated abduction and forced disappearance
to the detriment of the presumed victims of forced disappearance in this case, with the
exception of Ana Rosa Castiblanco Torres and Carlos Horacio Urán Rojas. These decisions
were confirmed after they had been appealed, with the clarification that “they are only
admissible for the offense of aggravated forced disappearance,” 231 except in the case of the
Commander of the Cavalry School, regarding whom there is no record in the case file that
there had been an appeal. This clarification led to a competence dispute and it was decided
that the 51st Criminal Court of the Bogota Circuit would assume the proceedings for the
offense of aggravated forced disappearance; 232 while the Third Criminal Court of the Special
224
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, communication of December 6, 2005 (evidence
file, folio 1781), and Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits.
225
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, inspection measures in the facilities of the
Army’s 13th National Brigade on February 1, 2007 (evidence file, folios 18988, 18990 and 18997).
226
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, inspection measures in the facilities of the
Cavalry School on February 2, 2007 (evidence file, folio 18985).
227
The Colonel, Head of the B-2, was not accused of the abduction and disappearance of Irma Franco Pineda,
because the military criminal jurisdiction had already decided to close the proceedings for this act in his favor. Cf.
Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of September 28, 2007 (evidence
file, folios 14184, 14185 and 13957).
228
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of February 11, 2008
(evidence file, folio 2084).
229
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of January 20, 2009.
(evidence file, folio 2324). In addition, this decision precluded the investigation into a general.
230
Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of March 9, 2009 (evidence
file, folio 2535). In addition, in this decision it precluded the investigation of a general. Also, the Fourth Prosecutor
“declare[d] the extinction of the criminal action due to the death” of a colonel. Cf. Fourth Prosecutor delegated to the
Supreme Court of Justice, Decision of March 3, 2008 (evidence file, folio 22340); Judgment of the 51st Criminal Court
of the Bogota Circuit of April 28, 2011 (evidence file, folio 24305), and Report of the Truth Commission (evidence file,
folio 282).
231
Cf. Decision of the Deputy Prosecutor General of March 25, 2008 (evidence file, folios 2537 and 2576); Judgment
of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folio 20692), and Judgment of
the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24305).
232
Cf. Note of the Criminal Cassation Chamber to the 51st Criminal Court of the Bogota Circuit of October 9, 2008
(evidence file, folio 25035); Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011
(evidence file, folios 20693 and 20694), and Judgment of the 51st Criminal Court of the Bogota Circuit of April 28,
2011 (evidence file, folio 24307).
59
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