49
expressly links these persons to the investigation into what happened to the 19
tradesmen.55
88(c) On April 24, 1995, the Cúcuta Regional Prosecutor decided to investigate the
witness, known as “Pablo”, whose identity was kept secret, and whose real name
was Alonso de Jesús Baquero Agudelo, because, evidence against him had arisen
during the investigation.56
88(d) On September 25, 1995, the National Director of Prosecutors reassigned the
hearing of the investigation to the National Human Rights Prosecutors Unit.57 On
March 7, 1996, the National Human Rights Prosecutors Unit issued an order in which,
inter alia, it declared that the criminal action for the death of Gonzalo de Jesús Pérez,
Henry de Jesús Pérez and Marcelo Pérez Durán had extinguished.58
88(e) On April 9, June 25 and September 5, 1996, the Regional Prosecutor of the
National Human Rights Unit began to investigate retired Sergeant Otoniel Hernández
Arciniegas, retired Major Oscar de Jesús Echandía Sánchez, retired General Farouk
Yanine Díaz and retired Lieutenant Colonel Hernando Navas Rubio in connection with
the facts.59
88(f) On May 28, 1997, the Cúcuta Regional Judge delivered judgment convicting
Nelson Lesmes Leguizamón, Marceliano Panesso Ocampo and Carlos Alberto Yepes
Londoño as co-authors of the crimes of extortive kidnapping and aggravated
homicide to the detriment of the 19 tradesmen. The judgment imposed a basic
sentence of 30 years’ imprisonment and an accessory punishment of prohibition to
55
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for crimes of
“extortive kidnapping, aggravated homicide […]”, file 087-DH (helpful evidence presented by the State on
May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the
application).
56
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for crimes of
“extortive kidnapping, aggravated homicide […]”, file 087-DH (helpful evidence presented by the State on
May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the
application); and judgment delivered by the National Court on April 14, 1998 (evidence file presented by
the State on April 18, 2002, requested on the instructions of the President of the Court - paragraph 68 of
the application - tome II, attachment 5, folio 1265).
57
Cf. copy of the file before the National Human Rights Unit in the case against Jairo Iván Galvis
Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for the crimes of “extortive
kidnapping, aggravated homicide […]” against “Alvaro Lobo Pacheco and 18 other tradesmen”, file 087-DH
(helpful evidence presented by the State on May 26, 2004, requested on the instructions of the President
of the Court - paragraph 68 of the application).
58
Cf. order issued by the prosecutor of the National Human Rights Unit on March 7, 1996 (helpful
evidence presented by the State on May 24, 2004, requested on the instructions of the President of the
Court - paragraph 68 of the application - tome I, folio 3007.
59
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for the crimes
of “extortive kidnapping, aggravated homicide […]” against “Alvaro Lobo Pacheco and 18 other
tradesmen”, file 087-DH (helpful evidence presented by the State on May 26, 2004, requested on the
instructions of the President of the Court - paragraph 68 of the application); and judgment delivered by
the Superior Military Court on March 17, 1998 (evidence file presented by the State on April 18, 2002,
requested on the instructions of the President of the Court - paragraph 68 of the application - tome II,
attachment 9, folio 1460).