46
201.
In these proceedings, the partie civile claim filed by the legal representative of Emedelia
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Palacios Palacios was admitted.
b.
In the Justice and Peace Proceedings
202.
In the context of Law 975 of 2005 -- or Justice and Peace Law -- seven demobilized
individuals of the self-defense forces declared that they had participated in the events of the present
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213
case.
Five of them are currently indicted and bailed.
The events referred to in the voluntary
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depositions, are currently subject to a verification of truth.
203.
On July 28, 1999, Moisés Machado Córdoba, a civilian who used to work in office S-3 in
the UDH-FGN, rendered a statement, which indicated that
In the area there was a paramilitary base located behind the Army Brigade, which they afterwards
converted into a Convivir, which is still operating there, this more than anything else cemented my
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doubts regarding the close friendship between the Army and the Self-Defense Forces.
c.
Investigation in the Disciplinary Jurisdiction
204.
On June 27, 2002, the Procurator General of the Nation began a disciplinary investigation
under No. 155-73307-2002, against General (Ret.) Del Río Rojas and Army officers Jaime Arturo
Remolina, Rafael Alfredo Arrázola, Guillermo Antonio Chinome and Luis Elkin Rentería based on the
complaints of Army member Oswaldo De Jesús Giraldo Yepes regarding the connection of the XVII
Brigade with paramilitaries in the Urabá region. This investigation was archived and General Del Río
Rojas exonerated. The Procurator General declared it res judicata on establishing that there had been
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resolutions in another investigation.
205.
Former soldier Giraldo Yepes withdrew from the disciplinary investigation and declared
that
I don't want to make this deposition, and I withdraw everything I have complained about because
the Colombian courts have not acted as they should against corruption; they only have me in a cell,
no one else, due to my collaboration with the courts, since I have always had the desire and wish to
complain about abuse and the atrocities seen in Colombia on the part of the Army, Police, SIJIN
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and public employees.
206.
By August 2003, the following disciplinary investigations had been initiated with respect
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to the facts of the case, of which the Commission does not have further information:
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Note of the Foreign Ministry, August 27, 2009, para. 208.
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Annexes 39, 40, 35, 45, 75, 49 y 48 Voluntary video depositions of Fredy Rendón Herrera, Diego Luis Hinestroza
Moreno, Luis Muentes Mendoza, William Manuel Soto Salcedo, Franklin Hernando Segura, Rubén Darío Rendón Blanquicet and
Alberto García Sevilla in the Justice and Peace Proceedings. Annexes to the Note of the Foreign Ministry, August 27, 2009.
213
Note of the Foreign Ministry, August 27, 2009.
214
Note of the Foreign Ministry, August 27, 2009.
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Annex 76. Statement of Moisés Machado Córdoba before the Special Commission of the UDH and DIH of July 28,
1999. Annex 2 to the initial petition of June 1, 2004.
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Annex 77. Procurator General, Resolution issued on December 5, 2002. Annex to the petitioners’ brief received on
May 19, 2009.
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Statement rendered in the Bellavista Penitentiary in Medellin on July 28, 2002, before the PGN. CINEP data base of
Political Violence, Crime against Humanity. Paramilitarism in the State of Colombia, 1988-2003 Editorial Códice, Bogotá,
December 2004, p.316. Petitioners’ allegations on the merits received on March 10, 2008, para.185.
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Annex 78. Brief of the State of August 12, 2003, in the proceedings of MC-70-99.