- 39 - 106. Furthermore, it is relevant to note that one of the main probative elements that the domestic authorities took into account to establish the intervention of the two sergeants was the testimony of Elcías Muñoz, who had been an Army sergeant and, at the time of the facts, was a civilian and an Army informant.148 The offices of the Attorney General and of the Prosecutor considered it established that Medina Camacho was the head of the intelligence network of the Ninth Brigade, for which Mr. Muñoz was an external informant, and of which Zúñiga Labrador was a member; that this network was principally concerned with “combating the guerrilla and the FARC,” and that it was commanded by then Colonel Rodolfo Herrera Luna, who was Commander of the Ninth Brigade in 1993; in other words, he was the said sergeants’ superior officer.149 The testimony was crucial for implicating them in the proceedings in August 1996150 and for their subsequent prosecution and conviction. The same witness testified that these sergeants received payment for the act they committed from the then Colonel Herrera Luna, to whom they were subordinate.151 The Attorney General’s office affirmed that, while the then Colonel Herrera Luna was in command of the Ninth Brigade, the Brigade’s active members and collaborators committed several crimes, and indicated that it had information that he had sponsored a paramilitary group.152 107. Nonetheless, there is no record that the offices of the Attorney General and of the Prosecutor investigated this hypothesis diligently, or of why Colonel Herrera Luna was not investigated in the proceedings opportunely, even though he had been identified as the mastermind of the crime in the same testimony that resulted in the charges against the sergeants; he was one of the high-ranking military commanders identified by Senator Cepeda as instigators of the so-called “coup de grâce plan” (supra paras. 92), and other relevant evidence connected him to the facts. The Prosecutor’s office indicated in October 1998 that “there were reliable indications” of the participation of officer Herrera Luna, who by that time was a Brigadier General, as the mastermind behind the murder, so that it tried to investigate him; however, this United Nations, Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, principle 27(b); Constitutional Court of Colombia, application for protection filed by Nory Giraldo de Jaramillo (Mapiripán Massacre), Judgment SU-1184 of November 13, 2001. 148 Cf. testimony rendered by Elcías Muñoz Vargas before the Regional Court of Santafé de Bogotá within proceedings JR 5393 on January 29, 1999 (evidence file, tome IX, attachment 145 to the brief with pleadings, motions and evidence, folios 4172 to 4175); indictment issued by the Human Rights Unit of the office of the Prosecutor General of the Nation in Investigation No. 172 on October 20, 1997 (evidence file, tome XVIII, attachment 54 to the brief in answer to the application, folios 7927 to 7928); judgment delivered by the Third Criminal Court of the Santafé de Bogotá Specialized Circuit in Investigation No. 5393-3 on December 16, 1999, supra note 75, folio 1739, and decision of the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444/96, in 1999, supra note 81, folios 1474 to 1475. 149 Cf. Indictment issued by the Human Rights Unit of the office of the Prosecutor General of the Nation in Investigation No. 172 on October 20, 1997, supra note 148, folios 8001 to 8003; decision issued by the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444/96 in 1999, supra note 81, folios 1474 to 1477; decision to bring charges under case file No. 143-6444/96, issued by the office of the Second District Attorney of Santafé de Bogotá on March 23, 1999 (evidence file, tome X, attachment 158 to the brief with pleadings, motions and evidence, folios 4348-4350), and judgment delivered by the Third Criminal Court of the Santafé de Bogotá Specialized Circuit in Investigation No. 5393-3 on December 16, 1999, supra note 75, folio 1739. 150 Cf. Indictment issued by the Human Rights Unit of the office of the Prosecutor General of the Nation in Investigation No. 172 on October 20, 1997, supra note 148, 7937 and 8001. 151 Cf. Indictment issued by the Human Rights Unit of the office of the Prosecutor General of the Nation in Investigation No. 172 on October 20, 1997, supra note 148, folios 7974 and 8003 to 8004, and testimony given by Elcías Muñoz Vargas before the Regional Court of Santafé de Bogotá in proceedings JR 5393, on January 29, 1999, supra note 148, folios 4172 to 4175. 152 Cf. Evaluation Report by the office of the Second District Attorney of Santafé de Bogotá in case No. 1436444 of 1997, supra note 96, folios 1438 to 1439.