-64among others, making a total of 43 individuals affected by this act; multiple homicide,
regulated by art. 29 of the same decree, aggravated by paragraphs (d), (e) and (f),
where the victims were the individuals who had been abducted; violation of art. 2 of
Decree 3664/1986 and violation of art. 19 of decree 180 of 1988.
THIRD: To notify that those named above may not enjoy any type of conditional release.
Consequently, the orders of arrest against FIDEL CASTAÑO (alias RAMBO) should be
reactivated.123
95(97) On February 4, 1994, the Medellín Regional Directorate of the Prosecutor
General’s Office ordered that copies of the disciplinary investigation should be sent to
the Army High Command so that it could verify the possible responsibility in the facts
of members of the Army. In particular, this Directorate considered that if “military
personnel were involved in any way in the facts, it is not incumbent on this
Directorate to determine their responsibility owing to the jurisdiction to which they
are subject because they were on active service, especially if they were in the socalled public order units that require permanent active service. The prosecutor has
therefore decided that the criminal responsibility should be determined by an official
of the military justice system.124
95(98) On October 17, 1995, the Criminal Judicial Prosecutor issued a “Qualifying
opinion” in relation to the proceedings in which the abduction and murder of Manuel
Alfonso Ospina Ospina was being investigated, as well as the abduction and murder
of 43 persons in Pueblo Bello. He found that there were more than sufficient merits
to request the Medellín Delegate Regional Prosecutor to file charges against Fidel
Antonio Castaño Gil, Elkin Henao, José Aníbal Rodríguez Urquijo, Rogelio de Jesús
Escobar Mejía, Mario Alberto Álvarez Porras, Francisco Javier Álvarez Porras and
Héctor Castaño Gil based on, inter alia, the following criminal acts: multiple
abduction, aggravated multiple murders, terrorism, and aggravated theft.125
95(99) On November 17, 1995, the Medellín Delegate Regional Prosecutor accused
several individuals for the abduction of Manuel Alfonso Ospina Ospina and the facts
that had occurred in Pueblo Bello, deciding as follows:
1. TO FILE CHARGES against Fidel Antonio Castaño Gil […] as alleged author responsible
for aggravated extortive abduction […] of which the victim is Manuel Alfonso Ospina
Ospina, multiple abduction […] because this action caused a public outcry, multiple
murders (aggravated), of which the victims are Ricardo Bohorquez, José del Carmen
Álvarez Blanco, Cristóbal Arroyo, Mario and Daniel Melo Palacio, Jesús Humberto
concurrently […]
2. TO FILE CHARGES against Rogelio de Jesús Escobar Mejía […] as co-author of
aggravated extortive abduction […] of which the victim is Manuel Alfonso Ospina Ospina,
perpetrator [of the crime of belonging to an armed group], co-author [of the crime of
destruction of identity documents], author [of the crime of using clothing that is for the
exclusive use of the Armed Forces]; in relation to the facts that occurred in Pueblo Bello:
author of multiple abduction [with terrorist purposes], [terrorism], aggravated multiple
murders, author of aggravated theft […],[fire], [belonging to an armed group],
heterogeneous concurrent crimes […]
123
Cf. decision of September 23, 1993, issued by the Medellín Delegate Regional Prosecutor’s Office
(file of useful evidence submitted by the State, folios 6316 to 6322).
124
Cf. note of February 9, 1994, from the Medellín Regional Directorate to the Delegate Attorney for
the Defense of Human Rights (file of useful evidence submitted by the State, folios 4832 and 4834).
125
Cf. communication entitled “Qualifying opinion” of October 17, 1995, from the Office of the
Criminal Affairs Prosecutor to the Medellín Regional Prosecutor’s Office (file of useful evidence submitted
by the State, folios 6408 to 6423).
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