52
188. The Prosecutorial Office that took cognizance of the investigation ruled that it lacked
jurisdiction since the conduct investigated was not covered by any criminal statute, and concluded that
the fact of Ms. Yarce leaving her home did not fit within the statutory definition of the crime of forced
displacement.219
ii.
Proceedings associated with the arbitrary arrest of Ms. Mosquera Londoño, Ms.
Naranjo Jímenez and Ms. Yarce
189. Ms. Mosquera Londoño, Ms. Naranjo Jímenez and Ms. Yarce filed a complaint with the
Office of the Prosecutor-Delegate for Human Rights asking that the civil servants responsible for their
arrest be investigated and disciplined and that, if necessary, a criminal investigation be instituted.220 The
Prosecutor’s Office learned of this complaint on July 21, 2003, which alleged the threats made against
Ms. Yarce, Ms. Naranjo and Ms. Mosquera and the fact that they were arbitrarily arrested and held in
custody from November 12 to 21, 2002.221
190. The Office of the Prosecutor-Delegate for Human Rights proceeded to conduct
disciplinary inquiry No. 8-82157-2003222 and notified an Army Corporal Third Class based in Medellín
that a preliminary investigation had been instituted against him.223 For jurisdictional reasons, the
investigation was turned over to the Office of the Aburrá Valley (Antioquia) Provincial Prosecutor, where
it is being conducted as case No. 136-5270-2004.224 A decision dated June 29, 2006 ordered that an
investigation against the Corporal Third Class be instituted and various evidentiary measures taken.225
The case file contains several documents, such as the report documenting the fact that the three
women were arrested and brought before the competent authority, an affidavit of good treatment, the
report documenting the circumstances under which the women were apprehended, and the record of a
special visit in connection with the criminal case against the three women taken into custody.226 Based
on the evidence produced in the investigation, the Office of the Inspector General ordered it be archived
on November 9, 2007.227
iii.
Investigation into the murder of Ms. Yarce
191. Prosecutor 37 with Medellín’s Unidad 2ª de Vida [inquiries into cause of death]
instituted an investigation into Ms. Yarce’s murder, which was transferred to the Office of Medellín’s
Special Prosecutor for Human Rights, as case 2169.228
219
Note from the Colombian State DIDHD/GOI No. 77119/2954, November 15, 2012, p. 43.
220
Record No. 008-82861, joined with No. 008-082154, cited in the original petition in the matter of Socorro
Mosquera Londoño and Mery Naranjo Jiménez – Comuna 13 – March 7, 2005, p. 7.
221
Colombian State’s note DH. GOI No. 12442-0552 of March 15, 2007, p. 9.
222
Colombian State’s note DDH. GOI No 31279/1533 of June 14, 2006, p. 8.
223
Colombian State’s note DH. GOI No. 12442-0552 of March 15, 2007, p. 9.
224
Colombian State’s note DDH. GOI No 31279/1533 of June 14, 2006, p. 8.
225
Colombian State’s note DDH. GOI No 31279/1533 of June 14, 2006, p. 8.
226
Colombian State’s note DH. GOI No. 12442-0552 of March 15, 2007, p. 9.
227
Note from the Colombian State DIDHD/GOI No. 77119/2954, November 15, 2012, p. 50.
228
Colombian State’s note DDH. GOI No 31279/1533 of June 14, 2006, p. 7.