55
the facts that took place in Mapiripán. The Defensoría del Pueblo conducted a
judicial inspection on December 30, 1997.77
96.76 The Personería of Villavicencio forwarded 58 statements rendered on
September 19 and 22 and on October 7, 1997 by displaced persons regarding the
facts in Mapiripán.78
96.77 On January 5, 1998 an arraignment order was issued as well as an order
requiring the formal attachment of Carlos Castaño Gil and Julio Enrique Florez to the
proceeding. Arrest warrants were also issued against said individuals.79
96.78 On July 21, 1998 the Regional Public Prosecutor’s Office of the Human Rights
Unit issued a warrant for preventive detention of National Army Sergeants Juan
Carlos Gamarra Polo, in charge of intelligence for the “Joaquín París” battalion, and
José Miller Ureña Díaz, Commander of the military unit stationed at the airport of
San José del Guaviare, as perpetrator and co-perpetrator, respectively, of the crimes
of conspiracy to commit a crime, terrorism, aggravated homicide, and aggravated
kidnapping.80
96.79 On March 25, 1999 the 31st Criminal Military Instruction Judge asserted the
competence of Regular Jurisdiction to hear the Mapiripán Massacre, base on the
following arguments:
A study of the evidentiary material gathered establishes that the documents created by
Major Hernán Orozco Castro, and received by Brigadier General Jaime Humberto
Uscátegui refer to events prior to the sad events in the municipality of Mapiripán during
July 1997, regarding which there is already a criminal investigation by the Attorney
General’s Office, Human Rights Public Prosecutor’s Office Unit, forwarded due to
procedural jurisdiction [by the] command of the Joaquín París Battalion, as trial court;
therefore, since there cannot be two investigations on the same facts, the proceedings
must be remitted in whatever state they are to the investigative unit in charge of said
proceeding.81
96.80 On March 30, 1999 the Public Prosecutor’s Office of the National Human
Rights Unit decided not to issue an arrest warrant against Lieutenant Colonel Hernán
Orozco Castro, since he had “provided serious and credible explanations that
exonerate him from any arrest warrants against him.”82
77
See report prepared by the Office of the Attorney General on April 6, 2005 (file with appendixes
to the final pleadings submitted by the State, page 4999).
78
See report prepared by the Office of the Attorney General on April 6, 2005 (file with appendixes
to the final pleadings submitted by the State, page 4999).
79
See report prepared by the Office of the Attorney General on April 6, 2005 (file with appendixes
to the final pleadings submitted by the State, page 5000).
80
See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to
the application, appendix 54, pages 832, 833 and 836).
81
See application filed before the High Court of Bogotá on December 9, 1999 by Nory Giraldo de
Jaramillo (file with appendixes to the application, appendix 56, page 875).
82
See March 30, 1999 ruling, issued by the Prosecutor’s Office of the National Human Rights Unit
(file with appendixes to the application, appendix 37, page 534).
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