proceedings in which Rito Alejo del Río Rojas was the accused, indicated that “the said homicide
cannot be seen as an isolated act, but was an instrument towards a specific goal.”631
382. Consequently, as can be seen from the rulings of the different State authorities who
were part of the investigation and the proceedings, and from the analysis of the probative
elements, indications and circumstantial evidence taken into account by the Eighth Court in
order to issue a legal ruling, it is not possible to conclude that the State considered the murder
of Marino López to be an “isolated act.” To the contrary, the lines of investigation followed by
the prosecution indicate that the criminal prosecution was focused, precisely, on determining
whether this murder took place within the framework of actions designed to generate forced
displacements, in the context of collaboration between paramilitary groups and high-ranking
members of the Army present in the region. Consequently, the allegation of the representatives
and the Commission that the State failed to investigate the murder of Marino López and the
forced displacement taking into account the complex structure of persons involved in the
planning and execution of the crime does not appear to be proved. It will be for the domestic
authorities, naturally, to decide whether there are other levels of participation in the events
and, in that case, to continue the investigations and try those responsible.
383. Furthermore, regardless of the duration of the two proceedings, a matter that will be
analyzed in the following section, the Court notes that the investigations carried out by the
different prosecutors who intervened in both proceedings never ceased, despite the difficulties
that existed in the region at that time in Colombia. However, the Court could verify that there
are three main reasons why, to date, no judgment has been delivered in proceeding No. 426.
First, as emerges from the proven facts (supra paras. 145 and ff.), there were numerous
disputes on competence among the prosecutors who intervened in the case. 632 Second, the
proceeding was suspended for five years because, on March 9, 2004, the Prosecutor General
decided that the investigation was precluded,633 and the case was only re-opened recently on
March 11, 2009, by the Criminal Cassation Chamber of the Supreme Court of Justice,634
because new facts and evidence had emerged. A third factor that has contributed to the failure
to decide this proceeding is the refusal of the accused, Alejo del Río, to expand his preliminary
statement in a hearing, which was suspended three time for this reason. 635
384. In relation to proceeding No. 2332, the Court has been able to verify that, since the 15th
Prosecutor of Riosucio was assigned to intervene in 2003, the investigation activities have never
631
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folio 14800).
632
This situation was described in detail in the chapter on Proven Facts of this Judgment, and numerous
documents provide evidence of the different disputes on competence that arose throughout this proceeding. Cf. Among
others, Habeas corpus decision of the 31st Criminal Court of the Bogota Circuit of August 4, 2001, case file No.
0004/2001 (evidence file, folio 1969); decision of the Prosecutor General of January 18, 2010, in case file No. 426,
original volume No. 20 (evidence file, folio 43746); Report of the Secretariat of April 12, 2010, on the decision of the
Plenary Chamber of the Supreme Court of Justice in ordinary session of March 18, 2010, in case file No. 426, original
volume No. 20 (evidence file, folio 43771); decision of the Prosecutor General of June 17, 2010, in case file No. 426,
original volume No. 20 (evidence file, folio 43788); decision of the 20th Special Prosecutor UNDH-DIH of July 8, 2010,
in case file No. 426, original volume No. 20 (evidence file, folio 43808); decision of the 20th Special Prosecutor UNDHDIH of May 18, 2011, in case file No. 426, original volume No. 20 (evidence file, folio 44091).
633
Cf. Decision of the Prosecutor General of March 9, 2004, in case file 426, original volume No. 11 (evidence file,
folio 42334).
634
Cf. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on appeal for review (Proceeding 30510)
of March 11, 2009 (evidence file, folio 2143).
635
General del Río’s defense counsel pleaded the incompetence of the UNDH-DIH special prosecutors to hear the
case, in all the hearings scheduled for him to expand his preliminary statement. Cf. Preliminary statement made by Rito
Alejo del Río Rojas before the UNDH-DIH 20th Special Prosecutor on July 2, 2009 (evidence file, folio 42500); Hearing
on expansion of the preliminary statement made by Rito Alejo del Río Rojas before the UNDH-DIH 20th Special
Prosecutor (evidence file, folios 42515 and 42516); Hearing on expansion of the preliminary statement made by Rito
Alejo del Río Rojas, on April 15, 2011, before the UNDH-DIH (evidence file, folio 43985).
123
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