40
is JPa, who was a good friend of GM. Regarding this last person, the State indicated that in a
free statement he acknowledged that he was a member of RP’s self-defense group in 1996, but
that he did not participate in the events.160
161. The last action in file No. 1663 was its reassignment to Prosecutor 66, based in
Bucaramanga. In accordance with resolution No. 0053 of March 7, 2016 of the National Director
of Human Rights and IHL Prosecutors, in April 2016 the corresponding referral was made.
162. The State reported that the criminal proceedings are pending before the 66th Prosecutor
for the crime of attempted homicide of which Héctor Álvarez Sánchez was the victim, due to
reassignment carried out by the Office of the Attorney General of the Nation in 2016. On July
8, the work assignment was released in order to analyze the file, determine the hypotheses and
lines of investigation.
F.4. Proceedings in the jurisdiction of “Justice and Peace”
163. The demobilization process of the paramilitaries in Colombia entailed a specific regime
derived from the Justice and Peace Law. Within this investigative process and the
determination of particular responsibilities, several members of the Héctor Julio Peinado front
act as candidates: JP, RPr, FRa, among others.161
164. On November 25, 2016, an investigator from the C.T.I. issued a report addressed to
the office of the 34th Delegate Prosecutor's Office before the District Court of the National
Directorate of the Specialized Transitional Justice Prosecutor's Office on the steps taken to
verify the events of which José Erminso Sepúlveda Saravia, Noel Emiro Omeara Carrascal,
Manuel Guillermo Omeara Miraval, and Héctor Álvarez Sánchez were victims.162
165. On January 19, 2017, the Unit of Prosecutors for Justice and Peace conducted an
interview163 with MR, regarding the murder of José Erminso Sepúlveda Saravia, the attempted
murder of Noel Emiro Omeara Carrascal, the kidnapping and murder of Manuel Guillermo
Omeara Miraval and the attempted murder of Héctor Álvarez Sánchez.
166. On January 26, 2017, an investigator from the C.T.I. presented a report to the 34th
Delegate Prosecutor's Office before the District Court of the National Directorate of the
Specialized Prosecutor's Office for Transitional Justice about the activities carried out in order
to review and analyze procedural pieces within file 015 carried out by the 66th Prosecutor's
Office for Human Rights and IHL Bucaramanga.164
167. On January 17, 2017, RPr, JP and FRa gave free statements declaring and accepting
the facts; JP had already done the same on June 24, 2010. They mentioned that the facts
related to Omeara Carrascal, Omeara Miraval and Álvarez Sánchez were ordered by RP.165
State Brief of August 8, 2014, supra.
Decision of December 11, 2014 issued by the Superior Court of the Judicial District of Bogotá, Chamber of Justice
and Peace (evidence file, annex 121 of the brief with pleadings, motions and evidence, fs. 2913 to 3466).
162
Report of the C.T.I. addressed to Prosecutor 34 of the National Directorate of the Specialized Prosecutor for
Transitional Justice on November 25, 2016 (evidence file, annex 3 to the answering brief, fs. 4326 to 4333).
163
Interview with MR before the Unit of Prosecutors for Justice and Peace on January 19, 2017 (evidence file,
annex 3 to the answering brief, fs. 4350 to 4357).
164
Report of January 26, 2017 of the C.T.I. addressed to Prosecutor 34 of the National Office of the Specialized
Prosecutor for Transitional Justice (evidence file, annex 3 to the answering brief, fs. 4333 to 4338).
165
Statement of Iván Augusto Gómez Celis, supra. The aforementioned Prosecutor incorporated in his affidavit
"the transliteration" of the hearings corresponding to the proceedings of free statements carried out on June 24,
2010 to JP, and on January 17, 2017 to RPr, JP and FRa.
160
161