34
homicide" and issued an arrest warrant.112 On June 4, 1998, the National Army captured him113
and on June 5 of the same year, Major JL gave a statement.114 On July 10, 1998, he was put in
"preventive detention for aggravated homicide”.115
131. On June 16, 1998, once he had been captured, RP made a preliminary statement.116 On
June 19 of the same year, a custodial measure was issued against RP for the crime of
homicide.117
132. On June 18, 1998, the Prosecutor's Office charged JP with homicide and conspiracy to
commit a crime and ordered his capture.118 However, he was not apprehended and he was
declared an absent person on September 4, 1998.119 On March 4, 1999, JP's legal situation was
decided, reiterating the order for his arrest and imposing preventive detention for aggravated
homicide and conspiracy to commit a crime.120
133. On February 15, 1999, Major JL was released "due to the expiration of term limits" to
qualify the investigation, since more than 240 days had elapsed without having qualified the
legal proceedings.121
134. On August 14, 2000, the UNDH Regional Prosecutor's Office decided to preclude the
investigation into the murder of Manuel Guillermo Omeara in favor of Major JL and JP, clearing
them of all charges.122 On October 17, 2000, the UNDH Regional Prosecutor's Office decided to
preclude the investigation against RP, due to his death in La Picota Prison.123
Letter issued by the Regional Prosecutor linking Major JL in the proceeding, dated May 20, 1998 (evidence
file, annex 6 to the answering brief, log 4, f.7711).
113
Note of preventive detention of Major JL issued by the Regional Prosecutor's Office on June 5, 1998
(evidence file, annex 6 to the answering brief, f. 7800).
114
Investigation procedure of Major JL of June 15, 1998 through which he was linked to the investigation into the
forced disappearance and subsequent homicide of Manuel Guillermo Omeara Miraval (evidence file, annex 88 to the
brief with pleadings, motions and evidence, fs. 2592 a 2601).
115
Order of the Regional Prosecutor of June 10, 1998 (evidence file, annex 6 to the answering brief, fs. 7843
to 7857).
116
Cf. Investigation statement of RP of June 16, 1998 (evidence file, annex 6 to the answering brief on fs.
7872 to 7880).
117
Cf. Decision of the Regional Prosecutor of June 19, 1998 (evidence file, annex 6 to the answering brief, fs.
7883 to 7898).
118
Arrest warrant against JP, File 015A. Santafé de Bogotá, of June 18, 1995 (evidence file, annex 6 to the
answering brief, page 7882). Summons notice was also issued on three occasions (July 21, 1998, August 12, 1998
and August 24, 1998).
119
Cf. Declaration of absence of JP on September 4, 1998, issued by the Regional Prosecutor of the UNDH
(evidence file, annex 6 to the answering brief, fs. 8354 to 8355).
120
Decision of the National Office of the Prosecutor General of March 4, 1999 (evidence file, annex 6 to the
answering brief, fs. 8499 to 8516). Said ruling was challenged by the Public Prosecutor's Office on March 23, 1999.
The appeal was resolved on April 7, 1999 by the Prosecutor's Office, which decided not to replace the ruling of March
4, therefore it was finalized (Cf. Appeal filed by the Criminal Judicial Prosecutor II, on March 23, 1999, filed in criminal
investigation 015 of the UNDH-IHL (evidence file, annex 6 to the answering brief, fs. 8544 to 8549).
121
According to the internal legislation mentioned in the Official Letter, the person investigated will have the
right to request conditional release, after 120 days of effective detention have elapsed without the qualification of
indictment being given, extending the term to 180 days in the case of three or more defendants against whom the
pre-trial detention was ordered. In this case, the situation of Major JL was studied, the official letter indicates that two
detention orders were in force, including that of Major JL, therefore the term to apply the benefit corresponded to 240
days. Note from the UNDH Regional Prosecutor of February 15, 1999, resolving the appeal on expiration of terms in
the proceedings against Major JL (evidence file, annex 6 to the answering brief, fs. 8456 to 8459).
122
Decision of the UNDH Special Prosecutor of August 14, 2000 (evidence file, annex 6 to the answering brief,
fs. 9031 to 9053).
123
Decision of the UNDH - IHL Special Prosecutor of October 17, 2000 (evidence file, annex 6 to the answering
brief, log 8, fs. 9094 to 9096), and Official Letter from INPEC of April 3, 2000 (evidence file, annex 6 to the answering
brief, page 8946)
112