50
threats, the forced displacement, and the occupation of the house of Luz Dary Ospina Bastidas can be
attributed to the paramilitary group that was present in the area in November 2002, whose members
were the men known by the noms de guerre King Kong, Cero Ocho, and Horacio Bedoya.206 Ms. Mery
Naranjo testified as well that her friend Luz Dary Ospina Bastidas was filing complaints for human rights
violations, which took place in Comuna 13, and because of said activity her life came under threat and
she was “labeled a guerrilla member” by the paramilitary members of the sector, who appeared to be
members of the Cacique Nutibara Bloc, and she witnessed how the armed group took over the house of
Ms. Ospina and her possessions.207 She identified among the members that were part of this group as
individuals known by the pseudonyms CERO OHCO, Jorge Aguilar, Horacio Bedoya, Cosa Mala, Jimmy El
Zarco and Alex, among many others.208
184. The Office of the Prosecutor issued a custody order for Horacio Bedoya on July 12,
2010.209 On June 29, 2011, Mr. Horacio Bedoya Vergara was convicted through an early disposition plea
for acts of forced displacement and invasion of lands or buildings, the victim of which was Luz Dary
Ospina Bastidas.210 The Court recognized that “the panel of judges does not have an abundance of
evidence, [but] that is not an impediment for the Court to deduce from it, the certainty required by
criminal law to issue a conviction, against defendant Bedoya Vergara.”211 He was sentenced to “fifty
(50) months in prison, a fine of three hundred and fifty (350) minimum daily wages as currently set by
law and disqualification from asserting rights and performing public duties for a period of forty-two (42)
months, in being found criminally responsible for the crimes of forced displacement and invasion of
lands or buildings.”212
185. The last record of the judicial proceeding as part of this investigation included in the
IACHR case file is an order of January 13, 2012 to investigate for the purpose of obtaining information on
206
Annex 57. Statement given by Mrs. Maria del Socorro Mosquera Londoño, May 14, 2009. Criminal proceeding for
the force 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.
207
Annex 58. Statement given by Mrs. Mery Naranjo, May 14, 2009. Criminal proceeding for forced displacement of
Dary Luz 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.
208
Annex 59. Office of the Attorney General of 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.
209
Annex 60. Office of the Attorney General of the Nation, National Human Rights and International Humanitarian
Law Unit, Office 13, Decision 17, Preliminary Investigation No. 4017, July 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.
210
th
211
th
212
th
Annex 61. 27 Circuit Court for Criminal Matters, Medellin, June 29, 2011, 2011-00164-00, Defendant: Horacio
Bedoya Vergara, Crime: Forced Displacement and Invasion of Lands and Buildings, Early Disposition [guilty plea]. 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.
Annex 61. 27 Circuit Court for Criminal Matters, Medellin, June 29, 2011, 2011-00164-00, Defendant: Horacio
Bedoya Vergara, Crime: Forced Displacement and Invasion of Lands and Buildings, Early Disposition [guilty plea]. Criminal
proceeding for the forced displacement of Luz Dary Ospina Bastidas.
Annex 61. 27 Circuit Court for Criminal Matters, Medellin, June 29, 2011, 2011-00164-00, Defendant: Horacio
Bedoya Vergara, Crime: Forced Displacement and Invasion of Lands and Buildings, Early Disposition [guilty plea]. Criminal
proceeding for the forced displacement of Luz Dary Ospina Bastidas.