123
i) Concerning the La Granja disciplinary proceedings
328. Based on the events in La Granja, as of November 25, 1996, a disciplinary
investigation was opened against Army Major Jorge Enrique Fernández Mendoza and
Army Captain Jorge Alexander Sánchez Castro. The Delegate Attorney for the Armed
Forces found that there were no grounds for sanctioning the officers who, at the time
of the events, acted as officer in charge of training and military operations, and
commander of the “Gavilán” company of Infantry Battalion No. 10 “Atanasio
Girardot,” respectively. In a decision of May 4, 2000, the Delegate Attorney ordered
that the measures taken during the preliminary inquiry should be filed, and that the
conduct of Police Captain José Vicente Castro, Commander of the Ituango Police
Station at the time of the events should be investigated separately; to this end, he
ordered that a certified copy of the case file should be forwarded to Antioquia
Departmental Attorney’s office so that it could hear the proceedings (supra para.
125(53)). On September 19, 2001, the Antioquia Departmental Attorney’s Office
ruled that the disciplinary action against José Vicente Castro, was time-barred, as
more than five years had elapsed since the facts occurred (supra para. 125(54)).
329. It should also be noted that approximately four years elapsed between the
first procedural activities until the decision by the Delegate Attorney for the Armed
Forces.
ii) Concerning the El Aro disciplinary proceedings
330. Based on the events in El Aro, on September 30, 2002, the Office of the
Delegate Attorney for the Defense of Human Rights issued a ruling finding two
agents of the Colombian State, Lieutenant Everardo Bolaños Galindo and First
Corporal Germán Antonio Alzate Cardona, disciplinarily responsible for having
intentionally “collaborated with and facilitated” the incursion of a paramilitary group
in this district for approximately 18 days. They were also found responsible for
having intentionally “collaborated with and facilitated” the theft of approximately
1,000 head of livestock (supra para. 125(100)). The Court appreciates the
seriousness and diligence of the investigation carried out by the Office of the
Delegate Attorney for the Defense of Human Rights, when ordering the collection and
reception of pertinent probative elements.250 This ruling was confirmed by the
Disciplinary Chamber of the Attorney General’s Office on November 1, 2002.
331. It should also be recalled that approximately five years elapsed from the first
procedural activities initiated by Jesús Valle Jaramillo on November 4, 1997, until the
ruling by the Attorney General’s Office, so that it cannot be considered that this
recourse was implemented within a reasonable time.
332. The Court notes that the file of the instant case contains information on other
disciplinary proceedings in relation to events that occurred in El Aro, which were
closed for lack of evidence (supra para. 125(96)).
*
*
250
*
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 200.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos