16
23
evidence coming to light, not in existence at the time the said resolution was issued. It indicates that the
investigation against General Del Río Rojas for conspiracy to commit crimes, is currently at the
investigation stage with the 20th Prosecutor of the UDH-FGN.
84.
The State points out that in the criminal investigation filed as 2332, begun on February
27, 1997, there is an investigation into the events occurring on the same day, perpetrated by an armed
group, seemingly belonging to the "Elmer Cárdenas" paramilitary front, who raided the Bijao village,
threatening and subjugating various citizens, among them, Marino López, who was murdered. It
indicates that there is an investigation into the displacement of persons due to the actions of this group in
February 1997 and the murder of a protected person - Marino López Mena - forced displacement and
conspiracy to commit crimes. In addition, the State points out that a series of procedural steps were
24
undertaken between 2002 and 2008.
85.
The State indicates that Investigation No.2332 holds General (ret.) Del Río Rojas, Luis
Muentes Mendoza and Diego Luis Hinestroza Moreno allegedly responsible. It stresses that with regard
25
to the General, various procedural steps have been undertaken and the proceedings are currently in the
docket of the Second Specialized Criminal Judge of the Bogotá Circuit. In addition, it points out that with
regard to the other two defendants various procedural steps have been taken and preventive detention
measures have been issued against them for the charges of homicide of a protected person - Marino
López Mena - forced displacement and conspiracy to commit crimes. The State indicates that in this case
file William Manuel Soto, Fredy Rendón Herrera and Marino Mosquera Fernández are also under
investigation for alleged responsibility for the same criminal offenses.
86.
As regards the trial underway in the context of Law 975 of 2005 or Justice and Peace
law, the State points out that at least seven demobilized persons from illegal self-defense groups (Fredy
Rendón Herrera, Diego Luis Hinestroza Moreno, Luis Muentes Mendoza, William Manuel Soto Salcedo,
Franklin Hernando Segura, Rubén Darío Rendón Blanquicet and Alberto García Sevilla) have indicated
that they participated in the events of the present case. It indicates that five of them have been accused
and are currently subject to preventive detention. It stresses that given that reference was made to the
facts in their voluntary depositions, they are currently subject to verification of truth. The State alleges
that both the UDH-FGN and the Justice and Peace Unit of the Prosecutor General's Office (hereinafter
the "UJP-FGN"), have expended considerable effort to indentify and individualize the perpetrators of the
alleged events relevant in the present case.
87.
The State alleges that participation of the alleged victims and their immediate family is
guaranteed in these procedural steps. It points out that the petitioners have not provided information as
to whether or not they have participated in the Justice and Peace proceedings, and invited them to
participate in order that they make use of the State mechanisms to obtain justice and reparations.
23
The State indicates that the newly discovered evidence supporting the motion for review, and which served as the basis
for the Supreme Court of Justice in its decision, were the voluntary depositions of Héber Veloza García, Salvatore Mancuso Gómez
and Jorge Iván Laverde Zapata, within the framework of Law 975 of 2005, and the statement of Elkin Casarrubia Posada. Note of
the Foreign Ministry, August 27, 2009, para. 178.
24
The State indicates that a number of procedural steps were taken on the following dates, (day/month/year): 04/07/2003,
30/07/2003, 08/08/2003, 9/09/2004, 12/10/2004, 25/10/2005, 11/11/2005, 17/11/2005, 02/02/2006, 10/02/2007, 09/04/2007,
15/05/2007, 22/08/2008, 03/09/2008, 05/09/2008, 08/09/2008, 25/09/2008, 29/09/2008, 27/10/2008, 14/11/2008, 02/12/2008,
24/12/2008 and 24/02/2009. Note of the Foreign Ministry, August 27, 2009, para. 183. (See complete information, infra IV.B.9.ii).
25
The State indicates that on February 24, 2009, the Unit of Delegated Prosecutors before the Superior Court of Bogota
decided the appeal lodged by the defense against the Decision to Indict, confirming the aforementioned decision on March 13,
2009. On March 17, 2009, the Public Prosecutor in charge requested the Criminal Cassation Chamber of the Supreme Court of
Justice to the transfer of the proceedings from the Mixed Civil and Criminal Circuit of Riosucio (Chocó) to the Criminal Court Circuit
for Bogota (Reparto) in order to ensure the impartiality and independence in the administration of justice. On March 24, 2009, the
case file was sent to the Justices to continue with the proceedings. The Criminal Cassation Chamber of the SCJ issued an order
transferring the proceedings to the Bogota Judicial District. Note of the Foreign Ministry, August 27, 2009, para. 184.