44
197.
On March 9, 2004, the investigation against General Del Río Rojas was closed "for not
202
having - in accordance with the evidence - any criminal responsibility for acts or omissions."
198.
On February 18, 2009, the Procurator General of the Nation lodged a request for revision
203
of the said decision, which was judged to be appropriate on March 11, 2009, by the Criminal Cassation
Chamber of the Supreme Court of Justice, which lifted the res judicata and ordered the reopening of
204
criminal investigation No. 426, in the light of the discovery of new evidence, unavailable at the time of
205
deciding on the closing of the investigation.
The investigation is currently at the instruction stage with
206
the 20th Prosecutor of the UDH-FGN.
ii)
Criminal Investigation No. 2332 against General (Ret.) Rito Alejo del Río Rojas and
some other members of the "Elmer Cárdenas" paramilitary group
199.
On February 27, 1997, an investigation under No. 2332 was initiated against some
members of the "Elmer Cárdenas" paramilitary group and General (Ret.) Del Río Rojas, for their raid on
the Bijao hamlet, the "murder of a protected person" - Marino López Mena - the forced displacement of
207
February 1997 and for conspiracy to commit crimes.
Luis Muentes Mendoza and Diego Luis
…continuation
he be called to make a statement; to the special Human Rights Public Prosecutor in Bogota on June 11, 2002, requesting his
release since no evidence had been found against him justifying his continued imprisonment; to the UDH on July 19, 2002,
requesting a modification of his legal situation; to the UDH in September 2002, requesting the he be authorized to be interviewed by
a journalist of the "El Diario" newspaper; to the UDH and to Dr. Luna Prada on October 1, 2002, showing the retraction of his
complaints. Annex 2 to the initial petition of June 1, 2004.
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Annex 72. Decision to close the investigation against Brigadier General (ret.) Rito Alejo del Río Rojas on March 9,
2004. Annex 7 to the Note of the Colombian Foreign Ministry No. DDH GOI 18083/0836, received on May 1, 2006.
203
Note of the Foreign Ministry, August 27, 2009, para. 176.
204
Voluntary depositions of Héber Veloza García, Salvatore Mancuso Gómez and Jorge Iván Laverde Zapata, made in
the context of the Justice and Peace Law, and the evidence of Elkin Casarrubia Posada. Annex 73. Supreme Court of Justice,
Criminal Cassation Chamber. Judgment on revision action (Proceedings 30510) March 11, 2009, para. 5.3. Annex 4 to the Note of
the Foreign Ministry, August 27, 2009.
205
Annex 73. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on revision action (Proceedings 30510)
March 11, 2009, para. 5.3. Note of the Foreign Ministry, August 27, 2009, para. 177.
206
207
Note of the Foreign Ministry, August 27, 2009, para. 180.
The State indicates that the following procedural steps were taken (day/month/year): 04/07/2003: the investigation was
assigned to a special prosecutor of Quibdó. 30/07/2003: Decision that ordered the initiation of the preliminary investigation by the
15th Public Prosecutor's Section of Riosucio and ordered the taking of evidence; 08/08/2003: Mr. Adán Quinto Mosquera's
statement was received, representative of the Cacarica communities, who stated he knew the victim. It was established who
murdered him, Marino López, as members of the AUC because they saw him dressed in camouflage used by the guerrilla members
of the FARC. 9/09/2004: statement of Luis Aníbal Lemus Mosquera, who related that they told him that Marino López had been
murdered by the paramilitaries because a boss had said he was a guerilla fighter. He also stated that at that date there had been
no bombings in the place of the events. 13/09/2004: the Prosecutor sends the investigation to the competence of the Judges of the
Special Circuit of Quibdó, on mentioning that the alleged conduct was committed by paramilitaries. 12/10/2004: jurisdiction
advocated for the 100th Special Prosecutor of Quibdó, who ordered the Riosucio prosecutor to gather certain evidence. 13/10/2005:
in an order directed to the CTI director, by the Prosecutor, he reported that the investigation was related to a list of investigations,
which the UNDDHD would give more impetus. 25/10/2005: the 100th Prosecutor ordered the taking of various statements, including
that of Marino López Mena's partner. 11/11/2005: it was though that the investigation should be brought to the attention of the
Special Commission of the UNDDHH and DIH in the Urabá area of Antioquia, and the taking of evidence was ordered. 17/11/2005:
statement of Adán Quinto was given establishing that Marino López was murdered by paramilitaries and that an NGO had
disinterred him to be paid money given by the Solidarity Network, but it was not known where they buried him. 02/02/2006: in a
resolution, the FGN gave jurisdiction to the investigation to the 21st Prosecutor's Office of the UNDDHH and DIH of Bogota. The
interrogation of Fredy Rendón Herrera was moved, and various judicial inspections were carried out, a request was made for a copy
of the disciplinary investigation into the so-called Operation Genesis, and the testimony of various individuals was taken.
10/02/2007: Emedelia Palacios Palacios, Libia Luz Palacios Palacios and Leonardo López García made statements. 09/04/2007:
the investigation was reassigned to the 14th Chamber of the UNDDHH and DIH. In this phase, the investigatory activity was aimed
at obtaining the identity of Vicente Muentes, aka Richard and aka Taolamba, paramilitaries and alleged co-perpetrators of the
criminal offense of murder. 15/05/2007: Voluntary deposition step of Salvatore Mancuso, in which he alluded to the alleged
relationship that General del Río Rojas maintained with the AUC. 31/07/2008: date of opening of the instruction stage. The
following was ordered: interrogation of Luis Muentes Mendoza, Fredy Rendón Herrera, Diego Luis Hinestroza Moreno, Marino
Mosquera Fernández, who participated in the murder of Marino López Mena, as related by them in voluntary depositions before the
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