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.

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