133 parallel until an order was issued once again for them to be processed jointly (supra paras. 96.90 to 96.109). 230. At the time of the instant Judgment, the criminal proceeding is ongoing and its current status, according to the information in the file before the Court, is as follows (supra para. 96.126): a) all in all, approximately 17 persons have been prosecuted; b) charges were filed against thirteen accused persons, five of whom were members of the Army; c) the Attorney General’s Office has issued nine preventive arrest warrants. Of these, the arrest warrants against Arnoldo Vergara Trespalacios, Francisco Gómez Vergaño, and Miguel Enrique Vergara Salgado, allegedly paramilitary, have not been effectively enforced; d) there are two first-instance convictions against seven individuals: the paramilitary Carlos Castaño, Julio Flórez, Luis Hernando Méndez Bedoya and José Vicente Gutiérrez Giraldo; Sergeants José Miller Ureña Díaz and Juan Carlos Gamarra Polo, and Lieutenant Colonel Lino Hernando Sánchez Prado. There is an appellate decision that acquitted José Vicente Gutiérrez Giraldo and upheld the previous sentence against Carlos Castaño, Julio Flórez, Sergeants José Miller Ureña Díaz and Juan Carlos Gamarra Polo, and Lieutenant Colonel Lino Hernando Sánchez Prado; e) of these seven persons convicted to prison sentences, at least two arrest warrants are pending enforcement, those issued against paramilitary Carlos Castaño Gil and Luis Hernando Méndez Bedolla. However, according to information supplied by the State, the arrest warrant issued against Carlos Castaño Gil has been suspended; and f) on August 3, 2005 the Attorney General’s Office ordered Salvatore Mancuso Gómez to be formally joined to the investigation. However, on August 4, 2005 said Unit stated that “due to his status as a representative member of the ‘Autodefensas Unidas of Colombia’ in the ongoing peace process and that of demobilization and reinsertion into civil life of the men under his command, said order was suspended in accordance with subparagraph two of paragraph two of Article 3 of Law 782 of 2002. However, to ensure the appearance of Mancuso Gómez in the investigation, [the High Commissioner for Peace was asked to report] the place of residence or location, for him to be [...] heard during the investigative phase.” Furthermore, on August 3, 2005 an arrest warrant was issued against José Pastor Gaitán Ávila, as the alleged co-perpetrator of the crimes of homicide in combination with the punishable crimes of kidnapping, terrorism and conspiracy to commit a crime. 231. In the instant case, the aforementioned non-fulfillment of the duty to investigate is closely tied to non-fulfillment by the State of the duty to protect the victims, pointed out in the chapter on the International Responsibility of the State (supra paras. 101 to 123). 232. One of the conditions that the State must create to effectively ensure full