-64among others, making a total of 43 individuals affected by this act; multiple homicide, regulated by art. 29 of the same decree, aggravated by paragraphs (d), (e) and (f), where the victims were the individuals who had been abducted; violation of art. 2 of Decree 3664/1986 and violation of art. 19 of decree 180 of 1988. THIRD: To notify that those named above may not enjoy any type of conditional release. Consequently, the orders of arrest against FIDEL CASTAÑO (alias RAMBO) should be reactivated.123 95(97) On February 4, 1994, the Medellín Regional Directorate of the Prosecutor General’s Office ordered that copies of the disciplinary investigation should be sent to the Army High Command so that it could verify the possible responsibility in the facts of members of the Army. In particular, this Directorate considered that if “military personnel were involved in any way in the facts, it is not incumbent on this Directorate to determine their responsibility owing to the jurisdiction to which they are subject because they were on active service, especially if they were in the socalled public order units that require permanent active service. The prosecutor has therefore decided that the criminal responsibility should be determined by an official of the military justice system.124 95(98) On October 17, 1995, the Criminal Judicial Prosecutor issued a “Qualifying opinion” in relation to the proceedings in which the abduction and murder of Manuel Alfonso Ospina Ospina was being investigated, as well as the abduction and murder of 43 persons in Pueblo Bello. He found that there were more than sufficient merits to request the Medellín Delegate Regional Prosecutor to file charges against Fidel Antonio Castaño Gil, Elkin Henao, José Aníbal Rodríguez Urquijo, Rogelio de Jesús Escobar Mejía, Mario Alberto Álvarez Porras, Francisco Javier Álvarez Porras and Héctor Castaño Gil based on, inter alia, the following criminal acts: multiple abduction, aggravated multiple murders, terrorism, and aggravated theft.125 95(99) On November 17, 1995, the Medellín Delegate Regional Prosecutor accused several individuals for the abduction of Manuel Alfonso Ospina Ospina and the facts that had occurred in Pueblo Bello, deciding as follows: 1. TO FILE CHARGES against Fidel Antonio Castaño Gil […] as alleged author responsible for aggravated extortive abduction […] of which the victim is Manuel Alfonso Ospina Ospina, multiple abduction […] because this action caused a public outcry, multiple murders (aggravated), of which the victims are Ricardo Bohorquez, José del Carmen Álvarez Blanco, Cristóbal Arroyo, Mario and Daniel Melo Palacio, Jesús Humberto concurrently […] 2. TO FILE CHARGES against Rogelio de Jesús Escobar Mejía […] as co-author of aggravated extortive abduction […] of which the victim is Manuel Alfonso Ospina Ospina, perpetrator [of the crime of belonging to an armed group], co-author [of the crime of destruction of identity documents], author [of the crime of using clothing that is for the exclusive use of the Armed Forces]; in relation to the facts that occurred in Pueblo Bello: author of multiple abduction [with terrorist purposes], [terrorism], aggravated multiple murders, author of aggravated theft […],[fire], [belonging to an armed group], heterogeneous concurrent crimes […] 123 Cf. decision of September 23, 1993, issued by the Medellín Delegate Regional Prosecutor’s Office (file of useful evidence submitted by the State, folios 6316 to 6322). 124 Cf. note of February 9, 1994, from the Medellín Regional Directorate to the Delegate Attorney for the Defense of Human Rights (file of useful evidence submitted by the State, folios 4832 and 4834). 125 Cf. communication entitled “Qualifying opinion” of October 17, 1995, from the Office of the Criminal Affairs Prosecutor to the Medellín Regional Prosecutor’s Office (file of useful evidence submitted by the State, folios 6408 to 6423).

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