173. The Fourth Prosecutor: (i) ordered the reception of the testimony, among others, of Belisario Betancur Cuartas, President of the Republic at the time of the taking of the Palace of Justice; (ii) issued requests to “national and international radio and television stations” in order to receive the videos reporting the events of November 6 and 7, 1985; (iii) between 2006 and 2008, summoned the next of kin of the disappeared persons to make identifications in videos, 224 and (iv) on February 1 and 2, 2007, conducted inspections of the facilities of the Army’s 13th Brigade 225 and of the Cavalry School. 226 During these inspections a note referring to Yolanda Santodomingo Albericci and Eduardo Matson Ospino was found as well as personal documents of Carlos Horacio Urán Rojas (supra para. 138 and infra para. 196). 174. On September 28, 2007, the Fourth Prosecutor issued an indictment against five members of the B-2 of the Army’s 13th Brigade, for the aggravated abduction and the forced disappearance of the presumed victims in this case, with the exception of Ana Rosa Castiblanco Torres and Carlos Horacio Urán Rojas. 227 Also, between February 2008 and March 2009, the Fourth Prosecutor issued indictments against another five retired Army officers (the Commander of the Cavalry School at the time, 228 three members of the Intelligence and Counterintelligence Command (COICI), 229 and the Commander of the 13th Brigade at the time 230), for the offenses of aggravated abduction and forced disappearance to the detriment of the presumed victims of forced disappearance in this case, with the exception of Ana Rosa Castiblanco Torres and Carlos Horacio Urán Rojas. These decisions were confirmed after they had been appealed, with the clarification that “they are only admissible for the offense of aggravated forced disappearance,” 231 except in the case of the Commander of the Cavalry School, regarding whom there is no record in the case file that there had been an appeal. This clarification led to a competence dispute and it was decided that the 51st Criminal Court of the Bogota Circuit would assume the proceedings for the offense of aggravated forced disappearance; 232 while the Third Criminal Court of the Special 224 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, communication of December 6, 2005 (evidence file, folio 1781), and Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits. 225 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, inspection measures in the facilities of the Army’s 13th National Brigade on February 1, 2007 (evidence file, folios 18988, 18990 and 18997). 226 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, inspection measures in the facilities of the Cavalry School on February 2, 2007 (evidence file, folio 18985). 227 The Colonel, Head of the B-2, was not accused of the abduction and disappearance of Irma Franco Pineda, because the military criminal jurisdiction had already decided to close the proceedings for this act in his favor. Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of September 28, 2007 (evidence file, folios 14184, 14185 and 13957). 228 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of February 11, 2008 (evidence file, folio 2084). 229 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of January 20, 2009. (evidence file, folio 2324). In addition, this decision precluded the investigation into a general. 230 Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Indictment decision of March 9, 2009 (evidence file, folio 2535). In addition, in this decision it precluded the investigation of a general. Also, the Fourth Prosecutor “declare[d] the extinction of the criminal action due to the death” of a colonel. Cf. Fourth Prosecutor delegated to the Supreme Court of Justice, Decision of March 3, 2008 (evidence file, folio 22340); Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24305), and Report of the Truth Commission (evidence file, folio 282). 231 Cf. Decision of the Deputy Prosecutor General of March 25, 2008 (evidence file, folios 2537 and 2576); Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folio 20692), and Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24305). 232 Cf. Note of the Criminal Cassation Chamber to the 51st Criminal Court of the Bogota Circuit of October 9, 2008 (evidence file, folio 25035); Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folios 20693 and 20694), and Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24307). 59

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