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was not possible because he had died of natural causes.153 In addition, it was only
recently, in the current investigation into the facts that the Prosecutor requested
information on the chain of command of the sergeants who were convicted,154 and
there is no record of the result of this measure.
108. Similarly, the Attorney General’s office indicated that “it is very significant” that
none of the investigations tried to uncover more evidence tending to confirm or refute
the responsibility of Coronel Herrera Luna, and he was never called on to provide even
a spontaneous or “versión libre” statement concerning the accusations made against
him,”155 in order to tie him into the proceedings before he died.
109. Moreover, regarding the participation of members of paramilitary groups, it has
been indicated that the day following the execution of Senator Cepeda Vargas, an
allegedly paramilitary group called “Muerte a Comunistas y Guerrilleros” [Death to
Communists and Guerrillas] (MACOGUE) issued a communiqué claiming responsibility
for the facts.156
110. Nevertheless, this hypothesis was not found relevant in the subsequent
investigations. Following Senator Cepeda’s murder, evidence emerged of the
participation of Carlos Castaño Gil, leader of one of the main paramilitary groups, the
United Self-Defense Forces of Córdoba (AUC); consequently, both the Bogota Second
District Attorney157 and the office of the Prosecutor General158 included him in their
investigations as one of the principal masterminds of Senator Cepeda’s murder.
111. The investigations of the offices of the Prosecutor159 and Attorney General160
verified, based on different testimony, DAS reports, and other probative elements, that
153
Cf. Office of the Prosecutor General of the Nation, the 26th Special Prosecutor of the National Human
Rights and International Humanitarian Law Unit, Investigation No. 329: note of January 19, 2006 (evidence file,
tome XXVII, helpful evidence presented by the State, folio 10631); note of the office of the Prosecutor General of
the Nation of February 16, 2007 (evidence file, tome XXVII, helpful evidence presented by the State, folio 10646);
executive report of June 11, 2009 (evidence file, tome XVIII, attachment 58 to the answer to the application, folio
8146), and death certificate (evidence file, tome XXVI, helpful evidence presented by the State, folio 10180).
154
Cf Office of the Prosecutor General of the Nation, the 26th Special Prosecutor of the National Human
Rights and International Humanitarian Law Unit, Investigation No. 329: notes of November 12, 2008, addressed to
the Seventh and Ninth Brigades of the National Army (evidence file, tome XXIX, helpful evidence presented by the
State, folios 10797 and 10799). In addition, Cf. note of the Seventh Brigade of the National Army to the 26th
Special Prosecutor of December 1, 2008, requesting “the expansion of the information provided, because it was not
specified whether the said commanders were military leaders or the so-called ‘Cabecillas’ [heads] of the illegal
organization; in addition, the sector from which the information is requested should be described” (evidence file,
tome XXIX, helpful evidence presented by the State, folio 10799). Also, Cf. note of the Ministry of National Defense
to the 26th Special Prosecutor of the National Human Rights and International Humanitarian Law Unit of December
29, 2008 (evidence file, tome XXIX, helpful evidence presented by the State, folio 10830) and note of the Second
Commander of the Ninth Brigade to the 26th Special Prosecutor of the National Human Rights and International
Humanitarian Law Unit of November 27, 2008, requesting more information (evidence file, tome XXIX, helpful
evidence presented by the State, folio 10831). There is no record of the results of these measures.
155
Evaluation Report by the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444
of 1997, supra note 96, folios 1438 to 1439.
156
This communiqué reads: “[t]he political commissars of the criminals, Manuel Cepeda, Hernán Motta, Aida
Abella, Álvaro Vásquez, Jaime Caicedo, […] use the benefits of the system, and infiltrate the echelons that
symbolize freedom and democracy in order to create apprehension and chaos. Today, we are executing Manuel
Cepeda, as a warning, because he represents the FARC criminals. Tomorrow it will be others and we will have a
country free of communists and guerrillas.” MACOGUE communiqué of August 10, 1994 (evidence file, tome III,
attachment 27 to the application, folios 1413 to 1414).
157
Evaluation Report by the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444
of 1997, supra note 96, folio 1429.
158
Indictment of the Human Rights Unit of the office of the Prosecutor General of the Nation, Investigation
No. 172UDH, of October 20, 1997, supra note 81, folio 1610.
159
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 81, folios 7876 to 8031.
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