104. The Attorney Delegated to the Defense of Human Rights and the Special Investigations Directorate of the Attorney General’s Office opened preliminary inquiries into the events that took place on August 29, 1996, relating to “violent confrontations between peasants who were trying to get to Florencia (Caquetá) […] and members of the National Army attached to the Twelfth Brigade,” during which some people lost their life, others were injured, and Mr. Vélez Restrepo “was beaten when he refused to turn over a videotape on which he had just recorded an attack on one of the peasants by a uniformed member of the Army.” In addition, preliminary inquiries were also opened into “the events that took place between August 19 and 23, 1996 [in Santuario and in Belén de los Andaquíes], during which three of the marchers lost their life […] and several more were injured.” For reasons of jurisdiction, the said inquiries were filed in the Attorney General’s Office under Case File No. 001-3422.122 105. On May 27, 1998 the Attorney General issued a decision in which he ordered the closure of the preliminary inquiries, considering that the Commander of the Twelfth Brigade of the National Army “did not incur in any irregular behavior,” because “he gave precise orders to the military personnel under his command, […] expressly prohibiting them from […] implementing certain actions that could signify a threat or a violation of fundamental human rights.” Additionally, the Attorney General indicated that he would “order that copies be certified” so that an investigation could be conducted within the National Army on “the presumed disciplinary responsibility that could be borne by the soldiers […] for the alleged improper use of their weapons during those events.”123 C.1.b) Investigation by the military criminal jurisdiction 106. On August 31, 1996, a preliminary investigation was opened for the offense of personal injuries in relation to the events that took place on August 29, 1996 during the peasant march in the municipality of Morelia (Caquetá) during which several persons were injured, including Mr. Vélez Restrepo. The 122nd Military Criminal Investigations Court was in charge of the investigation.124 Around mid-September 1996, Mr. Vélez testified in this proceeding.125 The case file of the military criminal investigation was lost when it was in “the archive” of a military battalion in the “zone of détente” decreed by the State in the context of the peace process with the Revolutionary Armed Forces of Colombia (FARC). An attempt was made to “reconstruct the file, but it was unsuccessful.”126 107. This Court was only provided with the final decision of the said investigation, which was issued on October 3, 1997, by the 122nd Military Criminal Investigations Court. In this 122 Cf. decision issued on May 27, 1998 por the Attorney General’s Office, File No. 001-3422 (file of annexes to Merits Report 136/10, tome I, annex 33, folios 195 to 197). 123 Cf. decision issued on May 27, 1998 por the Attorney General’s Office, File No. 001-3422, supra note 122, folio 202. 124 Cf. decision issued on October 3, 1997, by the 122nd Military Criminal Court of First Instance, San Vicente del Caguán (Caquetá) (file of annexes to Merits Report 136/10, tome I, annex 32, folio 188), and Note No. 193 of October 31, 1996, of the 122nd Military Criminal Court of First Instance, San Vicente del Caguán (Caquetá) (file of annexes to Merits Report 136/10, tome I, annex 37, folio 229). 125 Cf. statement made by Luis Gonzalo Vélez Restrepo before the Inter-American Court during the public hearing held on February 24, 2012, and statement made by Luis Gonzalo Vélez Restrepo on July 25, 2005, before a notary public of the District of Colombia, United States of America (file of annexes to Merits Report 136/10, tome I, annex 15, folio 79, and file of annexes to the pleadings and motions brief, tome II, annex 16, folio 656). 126 Cf. note No. 0605/MDN-DEJUM-J67lPM-BICAZ-742 of June 22, 2006, of the 67th Military Criminal Court of First Instance (file of annexes to Merits Report 136/10, tome I, annex 31, folio 186). 35