4
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Elías Sandoval-Reyes, sentenced to serve a 9-year prison term for
perpetrating the crime of attempted aggravated murder against NN/Moisés
and acquitted on the charge of murdering Hernán Javier Cuarán-Muchavisoy,
Julio Milcíades Cerón-Gómez, Edebrades Norberto, William Hamilton-Cerón,
Artemio Pantoja-Ordóñez.
11.
That in its report of October 6, 2006 (supra Having Seen clause 4), the State
informed that the judgment of December 13, 2004, delivered by the 41st Criminal
Court of the Circuit of Bogotá, was appealed by the Office of the Solicitor General of
the Republic, the “partie civile” and the convicted persons’ defense counsel. Said
appeal was heard by the Criminal Chamber of the Superior Court of the Judicial
District of Bogotá, in whose judgment of March 31, 2006 it decided:
•
•
•
•
to modify the operative paragraphs of the appealed judgment in order to
sentence Antonio Alonso-Martínez to serve a prison term of 26 years and 9
months for co-perpetrating the aggravated murders of Hernán Javier CuaránMuchavisoy, Julio Milcíades Cerón-Gómez, Edebrades Norberto, William
Hamilton-Cerón, Artemio Pantoja-Ordóñez and NN/Moisés;
to reverse the acquittal of Jaime Alberto Peña-Casas and to sentence him, in
his capacity as guarantor, to serve a 24-year prison term for the murders of
Hernán Javier Cuarán-Muchavisoy, Julio Milcíades Cerón-Gómez, Edebrades
Norberto, William Hamilton-Cerón, Artemio Pantoja-Ordóñez and NN/Moisés;
to reverse the acquittal of Elías Sandoval-Reyes and to sentence him to serve
a 22-year prison term for co-perpetrating the murders of Hernán Javier
Cuarán-Muchavisoy, Julio Milcíades Cerón-Gómez, Edebrades Norberto,
William Hamilton-Cerón, Artemio Pantoja-Ordóñez and NN/Moisés, and
to reverse the appealed ruling and convict Antonio Alonso-Martinez, Jaime
Alberto Casas and Elías Sandoval-Reyes and to compensate the victims for
pecuniary and moral damages.
12.
That in its report of August 28, 2007 (supra Having Seen clause 4), Colombia
informed that Elías Sandoval-Reyes had been imprisoned since January 18, 2005 at
the Penitentiary Center of the National Police. As regards Jaime Alberto Peña-Casas,
the State pointed out that he had been released on bail on January 19, 2004. Said
report contained no information regarding the whereabouts or the situation of
Antonio Alonso-Martínez.
13.
That the Inter-American Commission expressed that even if the judicial
decision delivered by the 41st Criminal Court of the Circuit of Bogotá is a final
judgment following the decision of the Criminal Chamber of the Superior Court of the
Judicial District of Bogotá, the State must increase its efforts to identify and punish
all those involved in the facts of the instant case and to apprehend those who have
already been convicted (supra Having Seen clause 6).
14.
That the representatives of the victims affirmed that the obligation to
conclude the ongoing investigations to establish criminal liability implies effectively
complying with the punishment imposed. They added that the State failed to report
in detail on the activities performed by competent authorities to execute arrest
warrants. Likewise, the representatives observed that the State has not published
the results of the concluded criminal proceedings.
15.
That the representatives also pointed out that a preliminary investigation of
the facts of the instant case is being conducted at the National Human Rights Unit of