-66-
FOURTH: TO REVOKE the preclusion ordered in favor of Ramiro Enrique Álvarez Porras
and, instead FILE CHARGES against the latter, whose personal details and civil status
are in the case file, for violation of art. 2 of Decree 1194/89 […]
FIFTH: To order the preventive detention of Ramiro Enrique Álvarez Porras, for violation
of art. 2 of Decree 1194/89 […]
SIXTH: TO CONFIRM the preclusion of the investigation ordered in first instance in favor
of Fidel Antonio Castaño Gil for violation of Decree 1194/89 […]
SEVENTH: TO CONFIRM the preclusion of the investigation ordered in favor of Héctor
Castaño Gil […].128
95(102) On November 29, 1996, the Medellín Regional Court delivered judgment on
José Aníbal Rodríguez Urquijo for his participation in the abduction and murder of
Manuel Alfonso Ospina Ospina.129
95(103) Following the initial investigatory measures, on May 26, 1997, the Medellín
Regional Court delivered judgment in first instance on the facts relating to the
alleged abduction of Senator Manuel Alfonso Ospina Ospina, which occurred in
Medellín on November 15, 1988, and the alleged disappearance of 43 men from the
jurisdiction of Pueblo Bello on January 14, 1990. Regarding the latter, it decided to
declare that six men were criminally responsible: Fidel Antonio Castaño Gil, Rogelio
de Jesús Escobar Mejía, Héctor de Jesús Narváez Alarcón, Pedro Hernán Ogaza
Pantoja, John Darío Henao Gil and Manuel Salvador Ospina. They were sentenced to
terms of from 25 to 30 years’ imprisonment for the crimes of abduction multiple
murders, use of clothing that is for the exclusive use of the Armed Forces, terrorism
and belonging to an armed group, among others.130
95(104) The defense lawyers of the men convicted and the representative of the
claimant, José Daniel Álvarez, filed a remedy of appeal against the judgment of May
26, 1997 (supra para. 95(103).131
95(105) On December 30, 1997, the Sentencing Chamber of the Tribunal Nacional
ruled on the appeal against the judgment of May 26, 1997 (supra para. 95(103)) and
decided “not to accede to declaring it null as the accused Ogazza Pantoja had
requested”. It also decided, inter alia, “to order [...] the partial annulment of the
proceedings, concerning [...] the murder of the inhabitants of Pueblo Bello, whose
corpses had not been identified,” so that it reduced the sentences of those convicted
to 19 and 28 years’ imprisonment. In addition, it revoked the decision absolving
some of those accused of the crime of theft and arson in first instance and the
decision ordering the investigation of Fidel Castaño for the crime of terrorism. It also
ordered three of those convicted to pay jointly and severally in favor of an inhabitant
of Pueblo Bello, “compensation for the pecuniary damage caused by the illegal [act]
128
Cf. decision of March 11, 1996, issued by the Prosecutor General’s Office (file of useful evidence
submitted by the State, folios 6679 to 6703).
129
Cf. anticipated judgment of November 9, 1996, delivered by the Medellín Regional Court (file of
attachments to the application, tome II, attachment C1, folios 315 to 338).
130
Cf. ordinary judgment of May 26, 1997, delivered by the Medellín Regional Court (file of
attachments to the application brief, tome II, attachment C2, folios 339 to 416).
131
Cf. judgment of the Sentencing Chamber of the Tribunal Nacional of December 30, 1997 (file of
attachments to the application brief, tome II, attachment C3, folios 417 to 480).
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