for her husband through a small opening, which reduce[d] the veracity of the description of
the person concerned and, consequently, invalidated the report prepared by the Special
Investigations Directorate based on the testimony of the witness Román Amariles.”136
C.2.b) Criminal investigations in the ordinary jurisdiction
i) Opened in 1996, by the 243rd Bogota Sectional Prosecutor’s
Office, File No. 286969
116. In early October 1996, an investigation was opened by the 243rd Bogota Sectional
Prosecutor’s Office for the offense of threats. Towards the end of November 1996, the Office
began to conduct investigative procedures.137
117. On August 27, 1997, Mr. Vélez gave testimony before the 243rd Bogota Sectional
Prosecutor’s Office in which he referred to the threats he had received by telephone and
indicated that the last threats had occurred in February that year and that, since then, he
had not received any more. He indicated that he believed that the threats were “related to
the incidents that took place in Caquetá on August 29, [1996],” regarding which he had filed
a complaint. In addition, he explained the consequences of these threats on his life and that
of his family, indicating that he “had to leave the city for almost six months” and receive
psychological treatment “to help him overcome the trauma.”138
118. On September 1, 1999, the Prosecutors’ Office issued a decision concluding the
inquiry, on the basis that “the threats against Mr. Luis Gonzalo Vélez, as he himself
indicated in his testimony, [are] facts [that] have already been the subject of both civil and
criminal complaints before the military criminal justice.” This decision was made final on
September 23, 1999.139
ii) Opened in 2007 by the 253rd Bogota Sectional Prosecutors’ Office,
File 840718
119. On August 23, 2007, the Human Rights and International Humanitarian Law
Directorate of the Ministry of Foreign Affairs sent a note to the National Directorate of
Prosecutors’ Offices asking it to consider whether it would be pertinent to “merge
competences” in relation to the ongoing investigations under the military criminal justice
system in relation to the case of Mr. Vélez Restrepo, “that is also being processed at this
time before the inter-American human rights system.” On December 13, 2007, the Legal
Group of the National Directorate of Prosecutors’ Offices asked the Sectional Directorate of
Prosecutors’ Offices of Florencia to “appoint a prosecutor.” The investigation for the offense
of threats was assigned to three different prosecutors’ offices, until on September 15, 2009,
the 253rd Bogota Sectional Prosecutor’s Office assumed the investigation and, in the
136
Cf. decision issued on August 27, 2006, by the Second District Attorney’s Office of Bogotá, Attorney
General’s Office, File No. 143-17639/98 (file of annexes to Merits Report 136/10, tome I, annex 34, folios 205208).
137
Cf. case file No. 286969, Prosecutor General’s Office and note of November 20, 1996, issued by the 243 rd
Prosecutor Delegate (file of useful evidence presented by the State, tome IV, folios 1713 and 1724).
138
Cf. statement made on August 27, 1997, by Luis Gonzalo Vélez Restrepo before the 243rd Bogotá
Sectional Prosecutor’s Office, supra nota 101, folio 64.
139
Cf. writ of prohibition issued on September 1, 1999, by the 243rd Prosecutor Delegate (file of useful
evidence presented by the State, tome IV, folios 1743 to 1745).
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