-61reconstructed craniums and DNA testing was recommended. There is no record that
the remains were those of the people who disappeared from Pueblo Bello.110
b) Decisions and judgments in the ordinary criminal jurisdiction
95(84) On May 9, 1990, the First Public Order Court decided:
First. To abstain from ordering the preventive detention of the accused Héctor de Jesús
Narváez Alarcón, Luis Ángel Gil Zapata, Ramiro Enrique Álvarez Porras, Tarquino Rafael
Morales Díaz, Pedro Hernán Ogaza Pantoja and Elkin de Jesús Tobón Zea [… since there
is not the slightest evidence that they are the alleged perpetrators of or participants in
the violent death of the corpses found in the common graves, since no hard evidence
has been legally produced during the proceedings to indicate that they are really
responsible].
Second. To send an official communication to the Director of the Las Mercedes National
Prison of this city, informing him that the accused referred to in the previous paragraph
should be released as regards the matter before this court; nevertheless, as of the date
of this decision, they are at the orders of the Medellín Fourth Public Order Court. An
official communication should also be sent to the said court in this regard.111
[The court considered that, although it was evident that criminal laws had been violated,
because the discovery of several corpses in common graves with signs of having been
tortured before they were killed violently had been fully demonstrated, in the
investigation there was not the slightest evidence that the accused were the alleged
perpetrators of or participants in the facts investigated, since no hard evidence had been
produced that proved they were really responsibility. Therefore, finding that the
requirements for ordering preventive detention had not been fulfilled, the court abstains
from ordering this measure. However, it does not order the release of the detainees, but
places them at the orders of the Fourth Public Order Court because that court had
summoned the accused.]
95(85)On May 15, 1990, the Fourth Public Order Court issued a decision on the legal
status of Fidel Castaño Gil, Ramiro Enrique Álvarez Porras, Héctor de Jesús Narváez
Alarcón, Luis Ángel Gil Zapata, Pedro Hernán Ogaza Pantoja, Tarquino Rafael Morales
Díaz, Elkin de Jesús Tobón Zea and Rogelio de Jesús Escobar Mejía. In this regard, it
decided:
1. TO ORDER a measure consisting in the PREVENTIVE DETENTION of RAMIRO ENRIQUE
ALVAREZ PORRAS, HECTOR DE JESUS NARVAEZ ALARCON, LUIS ANGEL GIL ZAPATA,
PEDRO HENAN OGAZA PANTOJA, ELKIN DE JESUSS TOBON and ROGELIO DE JESUS
ESCOBAR MEJIA [...] for violation of Decree 180 of 1988, arts. 1 and 7, for abduction,
multiple murders, and aggravated theft [...].
3. TO ABSTAIN from ordering the preventive detention of TARQUINO MORALES DIAZ
[...].
4. TO ORDER the capture of Fidel Castaño Gil, to be investigated by this plenary court as
the alleged mastermind and perpetrator of the facts [...].
110
Cf. report of June 17, 1997, issued by the National Identification Section of the Technical
Investigation Corps, Forensic Division (file of useful evidence submitted by the State, folios 4372 to 4505),
and statements made before notary public (affidavits) by Manuel Dolores López Cuadro and Robinson
Petro Pérez on August 16, 2005 (file of statements made before or authenticated by notary public, folios
2739 and 2745).
111
Cf. decision of May 9, 1990, issued by the First Public Order Court (file of useful evidence
submitted by the State, folios 6894 to 6899).
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