Supreme Court of Justice, and, on March 21, 2003, ordered the Prosecutor General to admit the
request for legal standing as a civil party.309
152. On May 29, 2003, the Prosecutor General defined the legal situation of del Río Rojas
without ordering preventive detention,310 and decided the closure of the investigation. Lastly, on
March 9, 2004, he decided the summary proceeding with a decision to preclude the
investigation.311
153. On February 18, 2009, the 30th Criminal Prosecutor II, in compliance with orders from
the Public Prosecution Service, filed an application for review against the preceding decision,312
and this was declared admissible on March 11, 2009, by the Criminal Cassation Chamber of the
Supreme Court of Justice. As a result, the res judicata status was lifted, and thus the reopening of criminal investigation No. 426 was ordered, owing to the emergence of new evidence
and facts that were not known when the preclusion was decided.313 The new evidence referred
to in the decision consisted in the voluntary confessions of Éver Veloza García,314 Salvatore
Mancuso Gómez315 and Jorge Iván Leverde Zapata,316 members of paramilitary groups, made
before the Justice and Peace Unit of the Prosecutor General’s Office, and also the testimony of
Elkin Casarrubia Posada before the UDH-FGN.317
154. On April 27, 2009, the Prosecutor General issued a decision in which he ordered that the
proceedings be forward to the National Prosecution Directorate so that the latter could decide
which official should continue the investigation.318 Consequently, on May 18, 2009, by decision
No. 0-1973 of the Prosecutor General, the case was assigned to the 20th Prosecutor of the
309
Cf. Constitutional Court. Judgment T-249. March 21, 2003 (evidence file, folio 2026).
310
Cf. The Prosecutor definesd the legal situation of Rito Alejo del Río Rojas, case 5767 (evidence file, folio 1853).
See also: Report dated February 4, 2013, presented by the State with complete and updated information on the status
of the investigations related to the facts of the case (evidence file, folio 15506).
311
Cf. Decision of the Prosecutor General of March 9, 2004, case file 426. The Prosecutor considered that there
was insufficient evidence to accuse General del Río for the offenses of conspiracy to commit a crime and misuse of
equipment, malfeasance by omission and supposed crimes that occurred by not observing his position as guarantor,
original volume No. 11 (evidence file, folio 42334). This decision was made final on March 17, 2004. Cf. Communication
of May 12, 2004, of UDH-FGN. Case file 426, original volume No. 11 (evidence file, folio 42357). See also: Report
presented by the State with complete and updated information on the status of the investigations related to the facts of
the case, of February 4, 2013 (evidence file, folio 15506).
312
Cf. Appeal for review No. 30510 of February 18, 2009, File 011-1IJP (evidence file, folio 1063). Also: Note of
the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7624); Supreme Court of Justice, Criminal
Cassation Chamber. Judgment on appeal for review (Proceeding 30510), of March 11, 2009, p. 6 (evidence file, folio
2119).
313
Cf. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on appeal for review (Proceeding 30510),
of March 11, 2009 (evidence file, folio 2143). See also: Report dated February 4, 2013, presented by the State with
complete and updated information on the status of the investigations related to the facts of the case (evidence file, folio
15507); Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7625).
314
Cf. Sworn statement of Évert Veloza García of January 27, 2009 (evidence file, folio 43453).
315
Cf. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on appeal for review (Proceeding 30510),
March 11, 2009 (evidence file, folio 43596). Also, Testimony given by Salvatore Mancuso Gómez on March 16, 2011
(evidence file, folio 43955).
316
Cf. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on appeal for review (Proceeding 30510),
March 11, 2009 (evidence file 43596). Also, arguments of the Public Prosecution Service in review proceeding No.
30510 on February 18, 2009 (evidence file, folio 1075).
317
Cf. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on appeal for review (Proceeding 30510),
March 11, 2009 (evidence file, folio 43596).
318
Cf. Communication of the Prosecutor General. April 27, 2004. Case file 426, original volume No. 12 (evidence
file, folio 42455). See also: Report dated February 4, 2013, presented by the State with complete and updated
information on the status of the investigations related to the facts of the case (evidence file, folio 15507).
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