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Cepeda’s right to life. In this regard, although the State reported that several different
measures had been taken from those carried out during the first phase of the
investigations that started in 2000, the Court notes that it was only in 2008, that they
achieved results. Also, it is only now that the Prosecutor’s office has begun to tie in
other investigations for facts involving individuals who were also linked to the UP.
158. The measures taken as part of this investigation have resulted in some
significant progress. However, the recent execution of these measures confirms that
there was no coherence in the lines of investigation previously defined by the
Prosecutor, based on the complex nature of the murder Senator Cepeda in the context
in which it occurred.
C.3
Alleged obstacles to the investigation owing to
demobilization of members of the paramilitary groups
the
159. The representatives alleged that the application of the laws on demobilization
have contributed to preserving impunity in relation to the Senator’s execution. They
indicated that one of the authors of the murder, Edilson Jiménez Ramírez, alias “El
Ñato,” had undergone the demobilization process without being properly identified and,
therefore, might have enjoyed legal and financial benefits under those laws, without
being subject to an exhaustive assessment of his activities as a paramilitary. They also
indicated that José Vicente Castaño Gil, a paramilitary group leader at the time of the
execution, was never questioned about this death or associated with the investigation,
owing to Law 782 of 2002. Moreover, they alleged that the extradition of paramilitary
leaders could prevent more information about the facts being obtained, even though
these leaders were still providing their versión libre statements under the Justice and
Peace Law (No. 975).
160. The State affirmed that Edilson Jiménez Ramírez demobilized collectively, under
Decree 3360 of 2003; that, within the framework of Investigation No. 329, in
conjunction with the National Unit of Justice and Peace Prosecutors and the High
Commissioner for Reintegration, it had verified the information that those demobilized
might have on the possible masterminds of the murder, and that the contribution of
the demobilization process to learning the identity of alias “El Ñato” and to implicating
José Miguel Narváez in the investigation, as presumed mastermind, “has been
enormous and extremely valuable.” It also indicated that, when Edilson Jiménez
Ramírez was identified as alias “El Ñato,” there was insufficient data to identify him
and, even though a search was made for someone with this name and alias, it was not
possible to identify him owing to lack of information. It alleged that, in 2006, when “El
Ñato” demobilized, he did so using the alias “Jiménez,” which explains why it was only
possible to identify him when alias ‘H.H’ mentioned this during the versión libre
hearing. In other words, the State alleged that “alias ‘El Ñato’ was duly individualized
at the time of demobilization but, additionally, that it was after this that he was fully
identified.”230
230
In its final arguments, the State provided evidence confirming that Edilson Jiménez Ramírez demobilized
with the Mineros Bloc on January 19, 2006, under the provisions of Law 782 of 2002, under the alias “Jiménez.” At
that time, Mr. Jiménez Ramírez identified himself with an identity card showing that he was 35 years old and came
from Aquitania. Cf. Judicial Police report No. 515704 OT. 3557 of February 2, 2010 (merits file, tome VI, attachment
2 to the final arguments brief of the State, folio 1990).
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