73
Ardila, as daughter of Sinaí Blanco Santamaría, eight hundred (800) gold grams. For
Arbey Blanco Ardila, eight hundred (800) gold grams. For María Isabel Blanco, eight
hundred (800) gold grams.
Pecuniary damages for the death of Sinaí Blanco Santamaría. As recognition of the
pecuniary damages to Blanca Lilia Ardila Castañeda, who acted as spouse of the
deceased and taking into account the aforementioned circumstance with regard to the
cases brought by Nory Giraldo de Jaramillo, we offer five million five hundred eleven
thousand pesos ($5,511,000). No offer is made to recognize pecuniary damages to the
children of Sinaí Blanco because they were not claimed in the application.133
96.131
Subsequently, the Administrative Court of Meta approved the Total
Conciliatory Agreement of February 1, 2005 (supra para. 96.130), which “leads to
res judicata” and concluded said proceeding. It also accepted the waiver of the
claims in the application filed by Lilia Aurora Moreno Novoa and her son, minor Juan
Carlos Florez Moreno, Adela Aydé Florez Moreno and Néstor Fernando Florez Moreno
and Orlando Albeiro Florez Moreno.134
96.132
Nory Giraldo de Jaramillo stated that she did not wish to reach a
settlement regarding the settlement proposal made by the State.135
Disciplinary Jurisdiction
96.133
A disciplinary proceeding with regard to the facts of July 1997 was
opened before the Attorney General’s Office against several members of the Armed
Forces and public officials. The facts investigated, until then, were, that
members of the ‘Autodefensas Campesinas’ entered the departments of Guaviare and
Meta […and] killed Rolan or Ronal Valencia, Sinaí Blanco, an unidentified male and Pacho
NN; they kidnapped Antonio María Barrera Calle and Nelson N.N., whose whereabouts
are unknown. At the Inspección de La Cooperativa they murdered Álvaro Tovar Muñoz,
Jaime Pinzón, N.N. Morales, a male, and Teresa N.N. and an as yet not established
number of individuals whose bodies were apparently thrown into the Guaviare River; ten
people died […] without the civil and military authorities intervening in a timely way or
acting in accordance with their functions.136
96.134
On April 24, 2001 the Deputy Attorney General decided:
FIRST: To disciplinarily punish Brigadier General (r) Jaime Humberto Uscátegui Ramírez
as Commander of the Seventh Brigade of the National Army, at the time of the facts
under investigation, with ABSOLUTE SEPARATION FROM THE MILITARY FORCES, for
having incurred in the disciplinary misconducts set forth in Decree 85 de 1989, Article
65, Section C, paragraph a); Section F, paragraph a); and Article 184, paragraph g)
[…]137
133
See February 2005 ruling by the Administrative Tribunal of Meta (file with evidence tendered by
the State, pages 4772 to 4780).
134
See February 2005 ruling by the Administrative Tribunal of Meta (file with evidence tendered by
the State, pages 4772 to 4780).
135
Non-disputed fact.
136
See disciplinary ruling of April 24, 2001 by the Deputy Public Prosecutor of the Nation (file with
appendixes to the application, appendix 61, page 1007).
137
See Decree No. 85 of 1989 "Which amends the Rules of Procedure of the Disciplinary System of
the Military Forces.”
Article 65, Section C, “On negligence in command,” paragraph a), for having eluded the
responsibility inherent to his role as commander, because according to Articles 12 and 13 of
those Rules of Procedure, “Whoever is assigned a command function is competent to issue
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