68
Cooperativa, the municipality of Mapiripán, San José del Guaviare and all the route
covered by the members of the Autodefensas Unidas of Colombia, who carried out this
macabre act, in addition to investigating the civilians who assisted in the execution of
this massacre …].121
96.120
On September 30, 2003 the Second Criminal Court of the Specialized
Circuit of Bogotá decided:
FIRST: To convict Luis Hernando Méndez Bedoya aka René Cárdenas Galeano […] as coperpetrator of […] aggravated homicide, kidnapping, terrorism and conspiracy to commit
a crime, sentencing him to forty (40) years in prison.
SECOND: To convict Luis Hernando Méndez Bedoya aka René Cárdenas Galeano to the
additional punishment of loss of rights pertaining to public functions for twenty (20)
years.
THIRD: To convict José Vicente Gutiérrez Giraldo, to the main sentence of one hundred
and twenty-five (125) months in prison and a fine of ten thousand (10,000) current
legal minimum monthly wages, as co-perpetrator of the crime then described in Article 2
of Decree 1194 of 1989, now reflected in Article 340 of the CC, paragraph 2, as stated in
this decision.
FOURTH: To convict José Vicente Gutiérrez Giraldo to the additional punishment of loss
of public functions and rights for the duration of the main sentence.
FIFTH: Not to grant the accused Luis Hernando Méndez Bedoya and José Vicente
Gutiérrez Giraldo, the benefit of suspended execution.
SIXTH: To grant José Vicente Gutiérrez Giraldo, the benefit of release on bail […] after
depositing bail equivalent to five (5) current legal minimum monthly wages in favor of
this court, and signing a document of commitment; this release will be effective insofar
as the accused is not sought by any other judicial authority.
SEVENTH: To convict Luis Hernando Méndez Bedoya, TO PAY in favor of each of the
families of the victims […] Ronal Valencia, Sinaí Blanco, Antonio María Barrera, Agustín
N, Álvaro Tovar Morales, Jaime Pinzón [and] Raúl Morales, as those entitled to the
compensation, an amount equivalent to two hundred (200) current legal minimum
monthly wages.
EIGHT: To not convict José Vicente Gutiérrez Giraldo to payment of any compensation
122
[…]
96.121
On January 15, 2004 Lino Hernando Sánchez Prado filed an addition to
the appeal and request to declare an impediment, filed against the June 18, 2003
judgment (supra paras. 96.117).123
96.122
On February 15, 2005 the Criminal Chamber of the High Court of the
Judicial District of Bogotá decided:
1º. TO REVOKE points 1, 3, 4 and 5 of the operative part of the September 30, 2003
judgment, regarding the conviction of JOSÉ VICENTE GUTIÉRREZ GIRALDO, and instead
to ACQUIT him of the facts regarding which charges were filed against him.
121
See July 30, 2003 order, issued by the Unit of the Deputy Public Prosecutors’ Offices before the
High Court of Bogotá (file with appendixes to the application, appendix 39, pages 592 and 593).
122
See conviction of September 30, 2003, issued by the Second Criminal Court of the Specialized
Circuit of Bogotá (file with appendixes to the brief containing pleadings and motions, appendix 34, pages
3463 to 3523).
123
See addition to the basis for the appeal filed on January 15, 2004 by Lino Hernando Sánchez
Prado against the June 18, 2003 conviction, before the High Court of the Court District of Bogotá (file with
evidence to facilitate adjudication submitted by the representatives).
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