163. In this regard, the State expanded the information indicating that the events
investigated under file UNDH-DIH 2332 are those that took place on February 27, 1997,
attributed to an armed group, apparently belonging to the “Elmer Cárdenas” illegal armed
group, who raided the village of Bijao (Chocó department), and threatened and overpowered
some villagers, including Marino López Mena, who was murdered. Furthermore, the events
include the forced displacement of persons that could have been caused by this illegal armed
group on February 24, 25, 26 and 27, 1997.348 The civil complaint presented by the legal
representative of Emedelia Palacios Palacios, widow of Marino López, was admitted in these
proceedings.349
164. On July 9, 2003, the Regional Director of Prosecutors, in decision No. 0105, decided “to
assign the 15th Prosecutor of Riosucio to investigate the events relating to the murder of Marino
López, that took place during bombing operations by presumed members of the Self-Defense
Forces on the inhabitants of Riosucio on February 27 and 28, 1997.”350
165. On October 20, 2005, the Prosecutor General, in decision No. 0-3760, assigned the
investigation provisionally to a Special Commission for Urabá Antioqueño and Chocóano.351
166. On January 25, 2006, in decision No. 0-0121, the Prosecutor General assigned the
investigation to the prosecutor delegated to the Special Criminal Circuit Judges who was next in
turn, attached to the UNDH-DIH, in Bogota.352
167. The State informed, and it was not disputed, that, on February 9, 2007, the Judicial
Police signed the record of the technical examination of the corpse of Marino López Mena.353
Following the DNA tests, the osseous remains of Marino López were returned to his family on
February 12.354 On April 9, 2007, by decision No, 000059 of the UNDH-DIH, the case was
reassigned to the 14th Prosecutor, making him responsible for the investigation.355
168. On December 26, 2008, the 14th Prosecutor of the UDH-FGN declared the preliminary
investigation open and ordered that the statements be heard of Luis Muentes Mendoza, Fredy
Rendón Herrera, Diego Luis Hinestroza Moreno and Marino Mosquera Fernández, paramilitaries
demobilized under Law 975 “Justice and Peace” of 2005.356
348
Cf. Note of the Ministry of Foreign Affairs of August 27, 2009 (evidence file, folio 7626).
349
Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the
status of the investigations related to the facts of the case (evidence file, folio 15490). See also: Note of the Ministry of
Foreign Affairs of August 27, 2009 (evidence file, folio 7637).
350
Decision No. 0105 of July 9, 2003, of the Regional Director of Prosecutors of Quidbó (evidence file, folio 9879).
351
Cf. Decision No. 0-3760 of October 20, 2005, Prosecutor General’s Office. (evidence file, folio 9885).
352
Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the
status of the investigations related to the facts of the case (evidence file, folio 15485). Also, Prosecutor’s Office,
Indictment, proceedings file 2332, of January 25 (evidence file, folio 17599).
353
Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the
status of the investigations related to the facts of the case. This report indicates that, on February 9, 2007, a judicial
inspection was conducted on the premises of the National Institute of Forensic Medicine of Medellín (evidence file, folio
15483).
354
Cf. Institute of Forensic Medicine and Sciences, Form for the delivery or final disposal of a corpse submitted for
a forensic autopsy, Northwestern Region – Antioquía Region. Name of deceased: Marino López Mena, death certificate:
A2480708 (evidence file, folio 17311).
355
Cf. Report dated February 4, 2013, presented by the State with complete and updated information on the
status of the investigations related to the facts of the case (evidence file, folio 15485).
356
Cf. Prosecutor General’s Office. Indictment decision against retired General Rito Alejo del Río. Case 2332
(evidence file, folio 8898). See also: Report dated February 4, 2013, presented by the State with complete and updated
information on the status of the investigations related to the facts of the case (evidence file, folio 15485).
64
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