6 that the Ministry of Defense had indicated that it would have added US$10,000 (ten thousand United States dollars) to the trust fund set up for the minors, but that it was unable to do so because FIDUBANCOOP had gone into liquidation. The State also indicated that it had been unable to locate the remains of the victims, despite four exhumation procedures. Lastly, Colombia added that the criminal proceeding was before the National Human Rights Unit of the Office of the Attorney General, which had “remanded Gonzalo Arias Alturo in custody”; but this measures had been revoked and the pre-trial proceeding had been precluded in his favor, “as if he had already been prosecuted and acquitted of the kidnapping of Isidro Caballero and María del Carmen Santana.” However, the State added that Mr. Arias Alturo continued in detention for offenses other than those investigated in the proceeding to which the instant case refers. 22. The communication of September 10, 1999, and its attachment, in which the Commission indicated that the petitioners had found María del Carmen Santana’s mother. 23. The communication of September 16, 1999, and its attachments, in which the Commission presented the documents corresponding to the Registry Office and other documentation that demonstrated the existence of Ana Vitelma Ortiz, the mother of María del Carmen Santana Ortiz. 24. Note CDH-10,319/682 of September 29, 1999, in which the Secretariat gave the State until November 15, 1999, to make the investment in term deposit certificates in United States dollars in the Banco Cafetero, since Colombia had informed the Court that it could not comply with this obligation before October 27, 1999, the date on which the trust fund contract signed by the Ministry of Defense and FIDUBANCOOP expired (supra twenty-first having seen paragraph). 25. The communication of October 15, 1999, and its attachments, in which the Commission presented its comments on the State’s report of July 30, 1999 (supra twenty-first having seen paragraph). In this respect, it indicated that the lack of due diligence by Colombia in seeking the next of kin of María del Carmen Santana Ortiz had unjustifiably delayed the reparation of the damage caused, because the documents forwarded by the representatives of the victims concerning the identity of the victim and her next of kin had been obtained from public offices (supra twentysecond and twenty-third having seen paragraphs). With regard to the measures taken to locate the remains of the victims, it indicated that the State’s report referred to steps taken prior to the delivery of the judgment on reparations (supra second having seen paragraph). Lastly, it indicated that the Military Superior Court had advised the representatives of the victims that “on July 10, 1998, the discontinuance of the proceeding in favor of Major General Alfonso Vacca Perilla had been confirmed,” who had been absolved of all responsibility, which indicated “the lack of serious measures to achieve the transfer of the investigation to the ordinary jurisdiction.” 26. Note CDH-10,319/691 of November 25, 1999, in which the Secretariat, on the instructions of the President, informed the State that the period granted for complying with the payment owing to the minors, Andrés Caballero Parra and Ingrid Carolina Caballero Delgado had expired, and therefore requested that the respective information should be forwarded as soon as possible.

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