III. FACTS PROVEN A. Appointment 31. As appears in the record, on March 12, 1992 the Superior Court of the Judicial District of Cartagena designated Yenina Martínez Esquivia, by 10 votes, as the 13th Judge of Criminal Investigation of Mompox, on a provisional basis. The resolution indicated that “Ms. YENINA MARTÍNEZ ESQUIVIA Esq. is put in charge of the 13th Court of Criminal Instruction, situated in Mompox, while she submits the documentation for confirmation of the position.” 3 32. On July 1, 1992, the Office of the Sectional Director of Prosecutors of Cartagena assigned the alleged victim, “currently the 13th Judge of Criminal Instruction, Grade 17, to the position of Sectional Prosecutor Grade 18 in Mompox (Bolívar).” 4 The Commission underscores that said resolution does not indicate the type of appointment nor its conditions. 33. On September 28, 1992 the Sectional Director of Prosecutors ruled to transfer the alleged victim, Sectional Prosecutor 25 based on Mompox to the Unit of Prosecutors of El Carmen de Bolívar, taking into account the alleged victim’s request, for family reasons, “since it is quite far from her family.” 5 34. In 1996 the Office of the Administrative and Financial Sectional Bureau of the Office of the Attorney General of the Nation ruled to transfer the alleged victim to the Specialized Unit of Crimes against Economic Property (Unidad Especializada de Delitos contra el Patrimonio Económico). 6 35. On November 25, 1997 the alleged victim was transferred to the Sectional Unit of Crimes against the Public Administration of Cartagena. 7 36. On September 1, 1999, the alleged victim was transferred to the 48th Prosecutorial Office under the Unit of Law 30 of 1996-Automotive Vehicles of Cartagena. 8 B. Petitioner relieved of her duties and tutela actions 37. On October 29, 2004, the Attorney General of the Nation issued a resolution in which he determined “to declare YENINA MARTÍNEZ ESQUIVIA, with national ID number 33,152,897, relieved of her duties as DELEGATE PROSECUTOR BEFORE CIRCUIT JUDGES, of the Sectional Bureau of Prosecutors of Cartagena.” 9 The resolution indicates that “this resolution enters into force as of the date of its communication and no remedy whatsoever against it may be admitted.” 10 The Commission observes that the decision is not reasoned. Annex 1. Copy of the act of assuming office of March 16, 1992. Annex to the initial petition of December 22, 2005. Annex 2. Resolution 000004 of the Sectional Director of Prosecutors, July 1, 1992. Annex to the initial petition of December 22, 2005. 5 Annex 3. Resolution 000158 of the Sectional Bureau of Prosecutors, September 28, 1992. Annex to the initial petition of December 22, 2005. 6 Annex 4. Resolution 000946 of the Sectional Administrative and Financial Bureau of the Office of the Attorney General of the Nation of 1996. Annex to the initial petition of December 22, 2005. 7 Annex 5. Resolution 001742 of the Sectional Administrative and Financial Bureau of the Office of the Attorney General, November 25, 1997. Annex to the initial petition of December 22, 2005. 8 Annex 6. Resolution 001048 of the Sectional Administrative and Financial Bureau of the Office of the Attorney General, August 1999. 9 Annex 7. Resolution 0-5213 of the Office of the Attorney General of the Nation, October 29, 2004. Annex to the initial petition of December 22, 2005. 10 Annex 7. Resolution 0-5213 of the Office of the Attorney General of the Nation, October 29, 2004. Annex to the initial petition of December 22, 2005. 3 4 5