49 ii. Investigation into the crime of forced displacement and threats 181. The Office of Specialized Prosecutor 107 of Medellin conducted under File 7155209 the investigation for the alleged crimes of forced displacement and threats against Luz Dary Ospinas until September 5, 2006.201 Said investigation was temporarily suspended on September 5, 2006, with the Prosecuting Attorney involved noting that “any way this Delegate views it, she does not clearly see any legal support to proceed to move to open a formal investigation, nor any evidence that decisively warrants granting a motion for change of venue and more than 180 days have transpired since the beginning of the proceedings, with the procedural efforts appropriate to this preliminary phase having been made…..”202 182. On January 22, 2008, the National Human Rights and International Humanitarian Law Unit, under Decision 06, File 4017 – reopened said investigation.203 Regarding the temporary suspension of the investigation, it noted the following: The delay in fulfilling the duty to investigate or the meager results obtained with the investigation are not a valid excuse to give up the mission entrusted or to ignore the interests and purposes that are pursued with the investigation – to learn the truth, investigate the facts, hold the perpetrators responsible, and to compensate the victims – because the State must also seek justice to the benefit of everyone who has a legitimate interest in the result of the proceeding. In the case at hand, since the alleged persons responsible have not been identified or singled out, much less have they been charged in this proceeding through a presentment or arraignment of a defendant or proceeding against those responsible in absentia, the investigation must continue in order to achieve the purposes set forth above, especially because 204 the action has not lapsed under the statute of limitations. 183. On February 22, 2010, the opening of the preliminary criminal investigation was ordered for the crime of forced displacement in conjunction with invasion of lands or buildings against Mr. Horacio de Jesus Bedoya Vergara, as one of the members of the illegal armed group that threatened and displaced Luz Dary Ospina and her family, and who subsequently took over their home and possessions.205 Ms. Mosquera gave a statement during this proceeding wherein she asserted that the 201 Colombian State’s Note DDH. GOI No. 60162/2802 dated December 11, 2006, pp. 3 and 4. 202 Annex 54. Prosecutor Maria Eugenia Londoño Betancur, Office of the Attorney General of the Nation, Unit of Crimes against Liberty and Integrity, Sexual Development and Other Crimes, Prosecutor’s Office 114, Delegate before the Criminal Circuit Courts of Medellin, File No: 715.520. Complainant: Luz Ary Ospina Bastidas, Crime: Forced Displacement, Annex 2. Communication of the petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595, dated May 3, 2012. 203 Annex 55. National Directorate of Prosecutorial Offices. National Human Rights and Humanitarian Law Unit, Office 13, Decision 06, File No. 40117, January 22, 2008. Criminal proceeding for forced displacement of Luz Dary Ospina Bastidas. Annex 2. Communication of the Petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al - Case 12.595 Dated May 3, 2012. 204 Annex 55. National Directorate of Prosecutors Offices, Human Rights and International Humanitarian Law Unit, Office 13, Decision 06, File No. 4017, January 22, 2008. Criminal proceeding for the forced displacement of Luz Dary Ospina Bastidas. 205 Annex 56. Opening of Criminal Investigation, Office of the Attorney General of the Nation, National Human Rights and International Humanitarian Law Unit, Office 13, Decision 29, File No. 4017, February 22, 2010. Criminal proceeding for the forced displacement of Luz Dary Ospina Bastidas. Annex 2. Observations of the Petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595 dated May 3, 2012.