-117opening a criminal investigation because [it considered that] the fact under
investigation had not been committed by a soldier.” Finally, after the Prosecutor
General’s Office abstained from investigating any link between members of the Army
and the facts in February 1994 (supra paras. 95(53) and 95(97)), the said court
abstained once again in September 1995 from opening any investigation (supra
para. 95(55)).
192. On examining the preliminary inquiries conducted by this military criminal
body, the Court considers that these few investigatory actions, and the speed with
which they were carried out, reflect little or no interest of the military criminal
jurisdiction in carrying out a serious and exhaustive investigation into the events that
occurred in Pueblo Bello. In that regard, the said court only considered one
hypothesis about how the events took place, omitted relevant investigatory actions
and did not open a formal criminal investigation. The body of evidence in the instant
case does not show whether, during those preliminary procedures, that court
received statements that might have been relevant, such as those of Rogelio de
Jesús Escobar Mejía, or whether it ordered pertinent measures such as the search for
the persons abducted or the exhumation and identification of the bodies buried on
the “Las Tangas” ranch. Also, from the decisions taken by this court, it is unclear
whether the statements and evidence provided in other instances was assessed or
considered when issuing the resolutions. The record only shows that the court
restricted itself to receiving the statements of 12 soldiers, a few of the next of kin of
the disappeared and deprived of life who lived in the area, a policeman and a Turbo
councilor. Moreover, there is no evidence that the next of kin of the persons
disappeared and deprived of life participated in these procedures. In view of the
speed of this proceeding – inexplicable in view of the complexity of the matter – it is
unnecessary to examine the reasonableness of the time taken by the investigations.
In any case, the military criminal jurisdiction was not the appropriate channel for
investigating acts such as those committed in this case, so that the investigation
may have led to the impunity of some of those responsible for the facts.
193. Consequently, the case law of this Court, the case law of the Constitutional
Court of Colombia, and the speed and total lack of interest with which the bodies of
the military criminal jurisdiction acted to clarify the facts of the case, allow this Court
to conclude that, in addition to this jurisdiction not being the appropriate channel, it
did not constitute an effective recourse to investigate the grave violations committed
to the detriment of the 43 Pueblo Bello victims, or to establish the truth of the facts
and to prosecute and punish those responsible. The proceedings under this system
were exceedingly negligent and members of the Armed Forces who could have been
involved in the facts were not investigated genuinely.
Disciplinary proceedings
194. The Special Investigations Office of the Attorney General’s Office ordered de
oficio on January 19, 1990, the opening of a preliminary inquiry into the events of
Pueblo Bello; it ordered that statements be received and visits be made to various
sites, battalions, military bases and private homes; and on January 26, 1990, based
on information provided by some of the next of kin, the Deputy Attorney General’s
Office requested the Military Headquarters of Urabá to carry out search operations at
“Las Tangas” and other sites (supra paras. 95(125) and 95(126)).
195. On February 12, 1990, based on the measures taken up until that date, the
Deputy Attorney General’s Office decided to refer the preliminary inquiry to the
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