46 (e) In the criminal proceedings currently underway, charges have been brought against three persons138 and the charges have yet to be defined against eight individuals;139 (f) At least two arrest warrants are pending execution (infra para. 173); and (g) In addition to the sergeant who was sentenced to one year’s detention for the crime of concealment (supra para. 154.b), only two members of the armed forces have been placed under investigation in the ordinary criminal proceedings: a retired major and a lieutenant140 are currently under investigation for conspiracy. With regard to the major141 in 1998 an investigation into his responsibility as an accomplice to aggravated homicide was precluded, but an investigation was ordered into his responsibility for the crime of conspiracy.142 The lieutenant was initially acquitted of “several crimes of homicide, abduction, larceny” but an investigation was ordered into his responsibility for conspiracy.143 This investigation began in 2007.144 * * * Lack of due diligence in the investigations 155. The Court finds that, upon an analysis of the lack of due diligence exercised by those who conducted the official investigations, the ineffectiveness of these criminal proceedings decision adopted on January 10, 2001, by the Criminal Circuit Court of San Gil (record of evidences to the brief containing pleadings and motions, volume VI, evidence 56.4, page 3623). 138 Lanfor Miguel Osuna Gómez, Jairo Iván Galvis Brochero and Gilberto Silva Cortés. Cf. resolution of March 21, 2006 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume II, evidence 3U, page 5040). 139 Norberto de Jesús Martínez Sierra, Rafael Pombo Cataño, Anselmo Martínez, Robinson Fontecha Vera, Wilson Cardona Camacho, Oscar Moreno Rivera, Jesús Antonio Cárdenas and Luis Enrique Andrade Ortiz. Cf. resolution of July 14, 2005 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume I, evidence 3R, pages 4962 and 4963); report of August 25, 2006 issued by the National Human Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume I, evidence 1, page 4608); affidavit given by Héctor Cruz Carvajal on January 19, 2007 (record of witness statements and expert reports, volume III, page 7559); and resolution of January 19, 2007 issued by the Office of the 14th Specialized Prosecutor of the National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing arguments submitted by the State, volume II, evidence 1D, page 8018). 140 Cf. Retired Major Oscar de Jesús Echandía. Although his retirement occurred one month after the date of the massacre, he was charged for acts which committed while he was a part of the State security forces. Cf. Charges issued on September 12, 1997 by the Office of the Delegated Regional Prosecutor of the National Human Rights Unit (record of evidences to the application, volume I, evidence A27, pages 285 and 286). 141 Cf. preclusion resolution issued by the Office of the Delegated Regional Prosecutor of the National Tribunal (record of evidences to the application, volume I, evidence A29, pages 315 and 317). 142 Cf. resolution of September 16, 2005 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing arguments submitted by the State, volume IV, evidence 56, pages 3585 and 3590). 143 Lieutenant Luís Enrique Andrade Ortiz. Cf. judgment of November 14, 1990 issued by the Sentencing Chamber of the Superior Court of Public Order (record of evidences to the application, volume I, evidence A32, page 503). 144 Cf. resolution of January 19, 2007 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing arguments submitted by the State, volume II, pages 8015 and 8018).

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