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reasonable time, and have not constituted an effective recourse to ensure the rights
of access to justice, the truth about the facts and to reparation of the alleged victims
and their next of kin.
ii) Criminal proceedings concerning the events in El Aro
310. In the el Aro case it has been proved that the group of approximately 30
armed men who perpetrated the massacre remained in the district from October 22
to November 12, 1997 (supra para. 125(5) and 125(58)). From November 1997 to
February 1998, the Prosecutor General’s Office received statements from several
witnesses and next of kin of the alleged victims, ordered and conducted investigatory
measures to determine the identity of the persons involved and carried out judicial
inspections in the district (supra para. 125(88)). As a result, on March 19, 1998, the
Prosecutor General’s Office decided to issue a resolution to open the pre-trial
investigation.
311. Eight years after the events, the State has only investigated seven individuals
in the criminal investigation, and only convicted three civilians, one of whom is in
prison; the proceedings against two members of the Army are still ongoing (supra
para. 125(87) to 125(94)).
312. Specifically, on April 22, 2003, the Second Specialized Judge of the Antioquia
Circuit delivered a judgment convicting the accused, Carlos Castaño Gil, Salvatore
Mancuso and Francisco Enrique Villalba, of the murder of 15 persons, conspiracy to
commit a crime, compounded by aggravated theft (supra para. 125(93)). These
civilians, with the exception of Francisco Enrique Villalba, who was imprisoned in the
Ituaguí Maximum Security Prison, were tried and sentenced in absentia and the
arrest warrants against them have never been executed.
313. At December 2004, no member of the Army had been investigated, even
though on February 6, 2004, the ruling of the Attorney General’s Office of September
30, 2002, in the disciplinary proceedings, had been forwarded to the criminal
investigation (supra para. 125(94)). This ruling ordered the dismissal of the soldiers,
Lieutenant Everardo Bolaños Galindo and First Corporal Germán Alzate Cardona, for
their participation in the facts, which could constitute crimes punishable under the
criminal jurisdiction in addition to disciplinary offenses (supra para. 125(100)). In
other words, no State agent was investigated in the criminal proceedings until seven
years after the facts had occurred.
314. On March 1, 2005, the pre-trial detention of these two soldiers was ordered.
However, the order was only executed in the case of Lieutenant Everardo Bolaños
Galindo, who is imprisoned in the Cómbita Maximum Security Prison. The
proceedings against both soldiers are still open.
315. In the El Aro case, the authorities’ delay and lack of diligence in the
proceedings is evident, because more than eight years have elapsed since these
events, in which dozens of civilians took part with the acquiescence and tolerance of
the law enforcement bodies, and most of those responsible have not yet been
investigated in any criminal proceedings. The Court observes that an operation of
this size could not have gone unnoticed by the authorities in the zone, and this has
been acknowledged by the State in the proceedings before the Court.
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