55
175. On November 29, 2000, the Office of the Disciplinary Matters Deputy Inspector for the
Defense of Human Rights decided to reassign the investigation to the Deputy Inspector for Human
Rights on the grounds of: i) the serious objections to the work conducted by the Office of the Inspector
General raised by the Ministry of Foreign Relations; and ii) the decision to open investigation
proceedings on August 23, 2000, linking Major Carlos Guzmán Lombana and Ramón Isaza Arango306 to
the case. Notwithstanding, on September 2, 2003, the closing of the disciplinary investigation was
confirmed.307
4.4.
Actions before Contentious Administrative Courts
4.4.1. File No. 05001-23-31-20002-052700
176. María Diocelina Quintero and other family members filed suit against the Ministry of
Defense and the National Army for the forced disappearance of Miguel Ancizar and Juan Crisóstomo
Cardona Quintero on June 22, 1996.308 The State claimed that “the perpetrators of the acts were
persons unattached to the institution, for which there is no reason of failure in performance of duty.”
177. The Eighth Chamber of Contentious Administrative Court of Antioquia issued its
judgment on March 2, 2007 finding that “the Nation-Ministry of Defense, National Army is not
responsible for damages caused to the plaintiffs, in view of the fact that the elements constituting
failure in performance of duty were not proven.”309 Consequently, it dismissed the plaintiffs’ claims.
178. The information provided by both parties to the IACHR shows that the family members
appealed this decision. The Commission does not have any information as to the status of this appeal.
4.4.2. File No. 2002-00528 (Consolidated)
179. In early 2000, the family members of Irene Gallego, Leonidas Cardona, Jaime Mejía,
Hernando Castaño, Octavio Gallego, Juan Carlos Gallego, Óscar Zuluaga, Aníbal Castaño, Andrés Gallego
and Orlando Muñoz, each filed separate claims for reparation against the Nation-Ministry of Defense
and the National Army for the incidents that took place in Vereda La Esperanza.310
306
Annex 22. Clerk’s Report of the Office of the Disciplinary Matters Deputy Inspector for the Defense of Human
Rights, dated November 29, 2000. Case File No. 008-10799-98. Office of the Disciplinary Matters Deputy Inspector for Human
Rights. Public Ministry for Judicial Oversight (Ministerio Público). Page 398. Compact disk attached to petitioners’
communication of July 12, 2010.
307
Annex 22. Official Letter from the Office of the Disciplinary Matters Deputy Inspector for the Defense of Human
Rights, signed by Inspector Edgar Escobar López, dated September 2, 2003. Case File No. 008-10799-98. Office of the
Disciplinary Matters Deputy Inspector for Human Rights. Public Ministry for Judicial Oversight (Ministerio Público). Compact
disk attached to petitioners’ communication of July 12, 2010.
308
Annex 68. Judgment No. 50 of the Eighth Chamber of the Administrative Court of Antioquia, March 2, 2007.
Compact disk attached to petitioners’ communication of August 2010.
309
Annex 22. Official Letter from the Office of the Disciplinary Matters Deputy Inspector for the Defense of Human
Rights, signed by Inspector Edgar Escobar López, dated September 2, 2003. Case File No. 008-10799-98. Office of the
Disciplinary Matters Deputy Inspector for Human Rights. Public Ministry for Judicial Oversight (Ministerio Público). Compact
disk attached to petitioners’ communication of July 12, 2010.
310
All of the claims were filed on January 24, 2002, except for the one involving Leonidas Cardona, which was filed on
June 4, 2003. Annex 69. Judgment No.159 of the Third Chamber for Judgments of the Administrative Court of Antioquia of June
15, 2010. Compact disk attached to petitioners’ communication of August 2010.