middle and the end of August 2009. 702
455. On the same date, the Operations Officer of the Army’s Military Intelligence Center
informed the Director of the National Penitentiary and Prison Institution (hereinafter
“INPEC”) of presumed “plans underway aimed at attempts on the life of the [retired
Commander of the Cavalry School].” The following day, the Attorney General asked the
Director of INPEC to take the necessary safety measures to protect the life and personal
integrity of the inmate because the latter had alleged that he was receiving death threats
from drug-traffickers. In addition, on August 25, 2009, the Head of Human Development of
the National Army asked the first instance judge to reconsider the request to relocate the
accused in La Picota. Consequently, INPEC carried out a technical risk assessment and, on
August 26, 2009, concluded that the former Commander of the Cavalry School was at a
high level of risk. 703
456. The Court does not have exact information on the dates, but has verified that, at
least, as of the beginning of September 2009, the accused was once again in the Central
Military Hospital. 704 Following the conviction in first instance on June 9, 2010, INPEC officials
were ordered “to transfer the [person convicted] to a place of confinement so that he may
serve his sentence.” On June 25, 2010, INPEC established as the “site of special
confinement,” the Infantry School of the Army, and ordered his transfer. According to
INPEC, the “legal grounds for the transfer […] was […] Law 65 of 1993, 705 […] which allows
the confinement of public officials in special establishments,” as well as for the safety of the
prisoner. 706
457. On January 24, 2011, some of the next of kin of the disappeared victims filed an
702
No specific evidence was provided about the date on which the accused was transferred to the La Picota Prison.
However, he was at that prison on August 26, 2009, at least. Cf. Note of the Institute of Forensic Medicine of August
26, 2009 (evidence file, folio 21988).
703
Cf. Note of the Operations Officer of the Army’s Military Intelligence Center of August 20, 2009, addressed to the
Director of INPEC (evidence file, folio 15573); Note of the Attorney General of August 21, 2009, addressed to the
Director of INPEC (evidence file, folios 22139 and 22140); Note of the Head of Human Development of the Army of
August 25, 2009, addressed to the Third Criminal Judge of the Bogota Special Circuit (evidence file, folios 22006 and
22007); Note of the Director General of INPEC of August 26, 2009, addressed to the Third Criminal Judge of the
Bogota Special Circuit (evidence file, folio 15934); Note of the Coordinator for Prison-related Matters of INPEC of
October 22, 2010 (evidence file, folios 15937 to 15939), and memorandum of the Adviser to the INPEC General
Directorate of August 26, 2009, addressed to the Director General of INPEC (evidence file, folio 22141).
704
Cf. Note of the National Institute of Forensic Medicine and Science of September 4, 2009 (evidence file, folio
21989)
705
The said article 29 establishes that “[w]hen the wrongful act has been committed by personnel of the National
Penitentiary and Prison Institute, officials and employees of the Criminal Justice System, the Judicial Police Corps, and
the Pubic Prosecution Service, elected officials, officials who enjoy legal or constitutional privileges, the elderly or
indigenous peoples, pre-trial detention shall be served in special establishments or in facilities provided by the State.
This situation extends to the respective former public officials. The competent judicial authority or the Director General
of the National Penitentiary and Prison Institute, as applicable, may order confinement in special places, both for pretrial detention and for serving the sentence, based on the gravity of the accusation, the safety conditions, and the
personality of the individual, his record and conduct.” Decision of the Director General of INPEC of December 20, 2009
(evidence file, folio 15943).
706
Cf. Note of the Director General of INPEC of August 26, 2009, addressed to the Third Criminal Judge of the
Bogota Special Circuit (evidence file, folio 15934); Judgment of the Third Criminal Court of the Bogota Special Circuit
of June 9, 2010 (evidence file, folio 24120); decision of INPEC of June 25, 2010 (evidence file, folios 15947 and
15948); Note of the Coordinator for Prison-related Matters of INPEC of October 22, 2010, addressed to Germán
Romero Sánchez and Jorge Eliecer Molano Rodríguez (evidence file, folios 15936 to 15939). According to information
provided by the representatives, obtained from the press, the same day the convicted man was transferred to the
Infantry School. However, according to expert witness Mario Madrid Malo, he abandoned the Military Hospital on July
27, 2010. Cf. Brief of Germán Romero Sánchez and Jorge Eliecer Molano Rodríguez of July 2, 2010, addressed to the
Director of INPEC (evidence file, folio 18462), and expert opinion of Mario Madrid Malo of October 30, 2013 (evidence
file, folio 36131).
160
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