- 50 - proceedings and even of the disciplinary proceedings. Consequently, they did not make a substantial contribution to compliance with the obligation to investigate and clarify the facts (supra paras. 116 to 122). It is worth noting that, in one of the proceedings, the Council of State failed to assess the partial results of the criminal and disciplinary investigations that confirmed the responsibility of the two National Army sergeants, because it considered that the documentation had only been forwarded in the form of a copy.197 Although it did not correspond to this jurisdiction to establish individual responsibilities, on determining the objective responsibility of the State, the jurisdictional authorities should take into account all the sources of information available to them. Consequently, the authorities in charge of these proceedings were called on not only to verify the State’s omissions, but also to determine the scope of the State’s institutional responsibility. C. THE CRIMINAL PROCEEDINGS 141. Regarding the proceedings under the criminal jurisdiction, the State opened Investigation No. 172 in the office of the Prosecutor General of the Nation, which resulted in the sentencing and conviction of the two sergeants. Currently, another investigation is being conducted: Investigation No. 329. C.1 The first phase of the criminal investigation (Investigation No. 172) 142. The Prosecutor General of the Nation ordered the opening of a criminal investigation into the murder of Senator Cepeda on December 29, 1994. From 1994 to 1996, seven individuals were formally implicated in the investigation,198 including the brothers, Carlos Castaño Gil and Héctor Castaño Gil, paramilitary leaders. Of these seven individuals, charges were filed against the above-mentioned Army sergeants as co-authors of first-degree murder, and against Carlos Castaño Gil, as mastermind of the murder, on October 20, 1997;199 and the investigation was precluded with regard to three other individuals implicated.200 Four paramilitaries tied into the investigations suffered violent deaths while these were underway; namely, Fabio Usme (alias 197 Cf. Appeal judgment delivered by the Third Section of the Administrative-law Chamber of the Council of State in Investigation No. 250002326000199612680-01 (20,511) on November 20, 2008, supra note 128, folios 4524 to 4525. 198 Cf. Decision of June 28, 1995, resolving the legal situation of José Luis Ferrero Arango and Edinson Bustamante, Office of the Bogotá Regional Prosecutor (evidence file, tome IX, attachment 137 to the brief with pleadings, motions and evidence, folio 4116). Both these individuals were implicated in Senator Cepeda’s murder because they had taken part in the theft of the car from which the shots were fired. Also, decision of January 16, 1996, resolving the legal situation of Carlos Castaño Gil, Héctor Castaño Gil and Víctor Alcídes Gutiérrez, Office of the Bogotá Regional Prosecutor (evidence file, tome IX, attachment 141 to the brief with pleadings, motions and evidence, folios 4138 to 4145). These three were allegedly members of paramilitary groups. Also, Cf. Decision of August 6, 1996, issued by the Terrorism Unit of the Regional Directorate of Prosecution Services, in Investigation No. 22461, implicating sergeants Medina and Zúñiga (evidence file, tome IX, attachment 151 to the brief with pleadings, motions and evidence, folios 4279 to 4284) and 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, executive report of January 12, 2010, supra note 134, folios 8796 to 8805. 199 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, folios 1488 to 1654. 200 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, executive report of January 12, 2010, supra note 134, folios 8796 to 8805, and 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, folios 1488 to 1654.