37 149. On September 28, 1994, the Office of the Deputy Attorney General for Human Rights (hereinafter also “Office of the Deputy Attorney General”) ordered the opening of a formal disciplinary investigation to establish the circumstances of time, manner, and place surrounding the detention and death of Mr. Omeara. Miraval, as well as to determine if there was any public official involved.137 On January 31, 1997, the Deputy Attorney's Office filed charges against Major JL for sponsoring and promoting private justice groups.138 On June 25, 1999, the Deputy Attorney General's Office decided to definitively archive the preliminary investigation.139 F.3. Investigation on Héctor Álvarez Sánchez 150. On July 24, 1995, Miguel Ángel Álvarez Solano, son of Héctor Álvarez Sánchez presented to the Aguachica Ombudsman140, to report the attack on his father.141 As a result of the complaint, on August 22, 1995, the Aguachica Sectional Prosecutor's Office 19 (hereinafter, “Prosecutor's Office 19”) took over the investigation.142 On the same day, said Prosecutor's Office ordered Héctor Álvarez Sánchez and Fabiola Álvarez Solano to be summoned to testify, as well as a copy of Mr. Álvarez Sánchez's medical record. The 19th Sectional Prosecutor's Office also commissioned the Aguachica DAS in order to establish the events that occurred to Héctor Álvarez Sánchez. On December 18, 1995, the DAS Aguachica-Cesar issued a report “with negative results” of the investigation carried out to determine the current address of Mr. Alvarez Sanchez.143 151. On February 20, 1996, the investigation was reassigned to the Aguachica Sectional Prosecutor's Office 25.144 152. On September 5, 1996, the 25th Sectional Prosecutor asked his superior to suspend the investigation because more than 180 days had elapsed without it being possible to formally Opening of the preliminary inquiry of September 28, 1994 by the Delegate Attorney's Office (evidence file, annex 96 to the brief with pleadings, motions and evidence, fs. 2721 to 2724). 138 Despite the fact that it does not appear in the evidence file, it is an undisputed fact. 139 The decision is based on the fact that, although Major JL was being criminally prosecuted in file 015, and his preventive detention had been ordered as a security measure, the evidence was essentially based on the reports of the DIJIN on the massacre in Puerto Patiño and the statements of Captain FR and the Mayor of Aguachica, LR about the officer's belonging to paramilitary groups. Such evidence, despite serving as the basis for ordering the dismissal of Major JL in the first instance, by means of a resolution of March 6, 1998, was completely dismissed in the second instance by the National Attorney General, alleging that it was not sufficient to prove the disciplinary responsibility of the military in that crime. For these reasons, the Attorney General's Office understood that the situation was identical in relation to the process of Manuel Guillermo Omeara Miraval and, therefore, since there was not enough supporting evidence, the appropriate thing was to end the investigation. (Cf. File 008-152218. Office of the Delegate Attorney for the Defense of Human Rights. Resolution ordering the filing of a preliminary inquiry. Santafé de Bogotá, June 25, 1999 (evidence file, annex 102 to the brief with pleadings, motions and evidence, pages 2748 to 2753). 140 The Aguachica Ombudsman is a body attached to the Municipal Mayor's Office and, in compliance with its functions as a Public Office, is responsible for the protection and promotion of human rights, the protection of public interest and the monitoring of the conduct of those who hold public office. Cf. http://www.aguachicacesar.gov.co/Personeria.shtml 141 Complaint filed by Miguel Ángel Álvarez Solano before the Aguachica Ombudsman on July 24, 1995 (evidence file, annex 103 to the brief with pleadings, motions and evidence, fs. 2755 to 2756). In said complaint, Miguel Ángel Álvarez Solano indicated the cause of the attack committed against his father to be the statement that the latter gave to the Barranquilla Regional Prosecutor for the disappearance of his son-in-law, Manuel Guillermo Omeara Miraval. 142 Order of hearing and decree of evidence by the Aguachica 19th Sectional Prosecutor's Office, August 22, 1995 (evidence file, annex 104 to brief with pleadings, motions and evidence f. 2758). 143 Report No. 359 of the DAS of December 18, 1995 (evidence file, annex 7 to the answering brief, f. 10322). 144 Letter from the Head of the Criminal Judges Unit of the Aguachica Circuit of February 20, 1996 (evidence file, annex 7 to the answering brief, f. 10323). 137