35
the statements given by the witnesses who accused Ms. Mosquera, Ms. Yarce and Ms. Naranjo and
found that no witness had said anything that would implicate the suspects as either the authors of or
participants in the crime of sedition, criminalized in Article 467 of the Criminal Code.96 The Prosecutor’s
Office also states that the assertions are based on rumors and rumor is not evidence that the law allows
to implicate anyone; hence, rumor cannot be the basis for ordering preventive detention.”97 The
Prosecutor therefore refrained from ordering that the suspects be held, as “there is no serious, truthful
and convincing evidence suggesting that they were the authors of the crime of sedition; their immediate
release shall, therefore, be ordered.”98 However, the Prosecutor does require the suspects to “sign a
pledge whereby they guarantee their appearance for the proceedings, as the investigation must go
forward in order to shed further light on the matter.”99
142.
suspects.100
D.
On May 22, 2003, the investigation was closed for lack of grounds to charge the
Murder of Ms. Ana Teresa Yarce on October 6, 2004, and subsequent events
143. Ms. Yarce was murdered on October 6, 2004, as she was performing civic activities in
the Independencia III neighborhood of Comuna 13. At the time she was with her daughter Mónica
Dulfary Orozco Yarce and Mrs. Mery Naranjo.101 Between 9:30 and 10:00 AM, while she was having
breakfast and conversing with the people joining her, across from the Family Community Center, she
was shot several times by a young man, approximately 18 to 20 years of age.102 Mery Naranjo and her
daughter came to her aid and she was driven by taxicab to a health center.103 She passed away minutes
96
Annex 41. Copy of the resolution issued by the Prosecutorial Unit Assigned to the Criminal Court Judges of the
Medellín Specialized Circuit, dated November 21, 2002.
97
Annex 41. Copy of the resolution issued by the Prosecutorial Unit Assigned to the Criminal Court Judges of the
Medellín Specialized Circuit, dated November 21, 2002.
98
Annex 41. Copy of the resolution issued by the Prosecutorial Unit Assigned to the Criminal Court Judges of the
Medellín Specialized Circuit, dated November 21, 2002.
99
Annex 41. Copy of the resolution issued by the Prosecutorial Unit Assigned to the Criminal Court Judges of the
Medellín Specialized Circuit, dated November 21, 2002.
100
Annex 42. Order to close investigation No. 631609 conducted by the Single Sectional Unit for Crimes against the
Constitutional and Legal Order, dated May 22, 2003. Annex to the original petition in the matter of Socorro Mosquera Londoño
and Mery Naranjo Jiménez – Comuna 13 – March 7, 2005, and to the Colombian State’s note DH. GOI No. 12442-0552 of March
15, 2007.
101
Information supplied in the original petition in the matter of Socorro Mosquera Londoño and Mery Naranjo
Jiménez – Comuna 13 – March 7, 2005, paragraph 11, p. 4 and in the petitioners’ observations regarding the matter of Mery
Naranjo et al. – Comuna 13, March 25, 2010, p. 3.
102
Observations of the Petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al, Case 12.595,
dated May 3, 2012, page 7; Annex 43. Supplementary information to the Judicial Inspection Visit for Removal of Corpse, Ana
Teresa Yarce, October 6, 2004. Criminal proceeding on the murder of Mrs. Ana Teresa Yarce. Annex 1. Communication of the
Petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595, dated May 3, 2012.
103
Information provided in the original petition in reference to the matter of Socorro Mosquera Londoño and Mery
Naranjo Jiménez - Comuna 13 – March 7, 2005. Pg. 4, par. 11 and the observations of the petitioners in reference to the matter
of Mery Naranjo Jiménez et al – Comuna 13, on March 25, 2010, pg. 3.