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

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