60
The High Council of the Judiciary also decided that the criminal investigation against
Colonel Lino Hernando Sánchez Prado, Sergeant Juan Carlos Gamarra Polo and
Sergeant José Miller Ureña Díaz, would be heard by a regular criminal court,
represented by the Deputy Regional Public Prosecutor of the National Human Rights
Unit. In this regard it deemed that
[…] there is evidence against Officer Lino Hernando Sánchez Prado, such as statements
and indicia that would indicate that he allegedly sponsored the armed groups outside the
law, who arrived at the town of Mapiripán, to commit various crimes, for which reason
he was charged with actions amounting to conspiracy to commit a crime, an activity
which clearly constitutes a breach of the link with his service role, as said activity was
foreign to his military functions, and was carried out since before the facts that took
place in Mapiripán, for the effectiveness of which, allegedly being able to avoid said
facts, he did not carry out his duty, and only arrived at that place on the 21st, which
according to the Public Prosecutor’s Office enabled “the death squad to freely kill,
kidnap, terrorize the population, establish its law, and only after they had completed
their mortal task did the security forces headed by LC Lino Sánchez arrive”, so this
improper remiss assistance is not linked either to his service role, as it is obvious from
the considerations that this officer was fully aware of what was going to happen, for
which reason he was remiss to thus allow the events to take place against the lives,
individual liberty, and public security.
[…] according to the allegations against officer Lino Hernando Sánchez Prado, these are
not based on military jurisdiction, given the lack of a link between providing the military
service and the criminal conduct attributed to him.
The investigation provides evidence against National Army Sergeants Juan Carlos
Gamarra Polo and José Miller Ureña Díaz regarding their alleged participation in the facts
that took place in the town of Mapiripán […] given the fact that they were stationed at
the San José de Guaviare base, one of them in intelligence and the other at the military
base at the airport of San José de Guaviare, which enabled them to have first hand
knowledge of what happened, and they nevertheless did not carry out the duties
pertaining to their functions, allegedly with the aim of allowing the punishable conduct
that took place with their collaboration.
There is obviously no link between the unlawful conduct allegedly committed by National
Army Sergeants Juan Carlos Gamarra Polo and José Miller Ureña Díaz and the service
they provided as military, since their actions and omissions were seemingly agreed upon
beforehand, they behaved as private individuals, thus eliminating the link with their
official function, for which reason […] the investigation must be heard by Regular
94
Criminal Justice.
96.93 On September 24, 1999 the Special Chamber to expedite proceedings of the
Deputy Public Prosecutor’s Office before the High Court of the Judicial District of
Santafé de Bogotá, in response to the appeal filed by the Public Prosecutor’s Office
against the April 7, 1999 decision by the National Human Rights Unit (supra para.
96.83), decided:
FIRST: TO PARTIALLY REVOKE operative paragraph 7 [with regard to the accusation
against Jorge Luis Almeira Quiroz] of the April 7, 1999 decision, regarding the charge of
disparate treatment against Captain Jorge Luis Almeira.
SECOND: TO UPHOLD the April 7, 1999 decision brought before it for review…]95
94
See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to
the application, appendix 54, pages 811 to 839).
95
See September 24, 1999 decision by the Deputy Prosecutor’s Office before the High Court of the
Court Circuit of Santafé de Bogotá (file with appendixes to the brief containing pleadings and motions,
appendix 25, pages 3149, 3199 and 3199 bis).
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