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facilitating the entry into the region of the paramilitary group, they also failed to help
the civilian population during the incursion and during the theft of the livestock and
its transfer from the area.
v) Criminal investigations
125(87) Initially the events of El Aro were investigated by the Prosecutor General’s
Office, through the Delegate Prosecutor of the Ituango circuit and the Yarumal
Delegate Prosecutor. On November 20, 1997, the investigations were reassigned to
the then Medellín Regional Prosecutor’s Office. On July 23, 1999, the investigation
was forwarded to the National Human Rights Unit of the Prosecutor General’s Office
under case file No. UDH-525.
125(88) From November 1997 to February 1998, the Prosecutor General’s Office
received statements from witnesses and next of kin of the alleged victims; ordered
and conducted investigatory procedures to determine the identity of those involved,
and carried out judicial inspections in the district.
125(89) On March 19, 1998, the Prosecutor General’s Office decided to order that a
preliminary inquiry should be opened and ordered the investigation of Carlos Castaño
Gil and Francisco Enrique Villalba Hernández in the proceedings. On June 4, 1999, it
was declared that Carlos Castaño could not be found and Francisco Enrique Villalba
Hernández’s statement was heard. On July 1, 1999, an arrest warrant was issued for
Carlos Castaño Gil and Francisco Villalba Hernández for murder and the
establishment of private justice groups.
125(90) On March 29, 1999, the Office of the Delegate Prosecutor before the
Regional Judges exhumed several corpses in order to carry out autopsies and identify
them. As a result, the mortal remains of Luis Modesto Múnera Posada, Marco Aurelio
Areiza, Nelson de Jesús Palacios Cárdenas, Andrés Mendoza and Alberto Correa were
identified.
125(91) On February 24, 2000, Salvatore Mancuso Gómez, Alexander Mercado
Fonseca and Héctor Darío Gallego Meza were summoned to appear in relation to the
investigation. On September 21, 2000, it was declared that Salvatore Mancuso and
Alexander Mercado Fonseca could not be found. On February 23, 2001, arrest
warrants were issued for Salvatore Mancuso Gómez and Alexander Mercado Fonseca.
125(92) On September 10, 2001, the acting Prosecutor indicted Carlos Castaño Gil,
Francisco Enrique Villalba Hernández, Salvatore Mancuso Gómez and Alexander
Mercado Fonseca as alleged co-authors of the crime of conspiracy to commit a crime
together with aggravated murder and aggravated theft.
125(93) On April 22, 2003, the Second Criminal Court of the Antioquia Specialized
Circuit delivered judgment against Carlos Castaño Gil, Salvatore Mancuso Gómez and
Francisco Enrique Villalba Hernández, sentencing the first two to 40 years’
imprisonment and the latter to 33 years’ imprisonment for the murder of 15 persons,
conspiracy to commit a crime, compounded by aggravated theft. With the exception
of Francisco Enrique Villalba, who was detained serving a prison sentence for other
crimes, the said civilians – including important paramilitary leaders – were tried and
sentenced in absentia and the arrest warrants against them have never been
executed.
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