liberty without authorization took place, and that the transfers of these persons were not recorded
as required, and also that the said officials denied that they had these persons in their custody. 285
204. The Chamber of the Superior Court ordered that “[c]ertified copies of this judgment
and of the statements of [Yolanda Santodomingo Albericci, Eduardo Matson Ospino and
Orlando Arrechea Ocoro] be made so that the corresponding decision may be taken based
on the possible occurrence of wrongful actions, which may constitute the offenses of
abduction, forced disappearance and torture, that the said persons were victims of.” 286
Beyond the measures described in paragraph 208 infra, the Court has no other information
on the actions taken in this regard.
F.6 Proceedings against the members of the M-19
205. In January 1989, the 30th Itinerant Criminal Investigation Court of Bogota issued an
indictment against presumed members of the M-19 for the offenses of homicide, attempted
homicide, abduction, rebellion, and misrepresentation (supra para. 161). 287
206. After members of the M-19 had been granted pardons in 1990, the Second Criminal
Court of the Bogota Special Circuit decreed the prescription of the criminal charges in favor
of several members of the M-19 in November 2009. However, this decision was partially
revoked by the Criminal Chamber of the Superior Court of Bogota on September 8, 2010,
considering that the offenses of homicide and attempted homicide had constituted crimes
against humanity. Lastly, it decided to return the documentation to the original court to
continue the proceedings relating to the offenses of homicide and attempted homicide. 288
207. On April 2, 2013, the Second Criminal Court delivered a guilty verdict against eight
members of the M-19, including Irma Franco Pineda, for the aggravated homicide of several
persons in the events of November 6 and 7, 1985, in the Palace of Justice, including Carlos
Horacio Urán Rojas as a victim (supra para. 199).
F.7 Current status of the investigations
208. On October 18, 2013, the Prosecutor General’s Office decided to joinder in a single
prosecution unit all the investigations “that are being conducted by different prosecution
units into the events that occurred in the Palace of Justice on November 6 and 7, 1985.” 289
In particular, this included the investigations ordered in the second instance judgment
against the Commander of the Cavalry School, the investigations ordered by the Second
Criminal Court of the Bogota Special Circuit on April 2, 2013, 290 and also the proceedings
against the members of the B-2 of the 13th Brigade, against the members of the COICI,
285
The Chamber indicated that “[i]t is true that the purpose of these proceedings is not to make a judicial
declaration of the occurrence of these abductions or the corresponding declaration of criminal responsibility for them.
However, in order to conclude the analysis of the objectives that are the purpose of these proceedings and only for
these effects, this does not prevent the majority of the Chamber from making the present declaration in order to
establish one more indication of the objectives of the soldiers in charge of the operation to retake the Palace of
Justice.” Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23405 and 23406).
286
Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23453).
287
Cf. Decision of the 30th Itinerant Criminal Investigation Court, Decision of January 31, 1989 (evidence file, folio
24296), and Judgment of the Superior Court of Bogota of September 8, 2010 (evidence file, folio 1749).
288
The Criminal Chamber of the Superior Court of Bogota considered that the criminal action had prescribed for the
crimes of theft, rebellion, abduction and use of forged public documents. Cf. Judgment of the Superior Court of Bogota
of September 8, 2010 (evidence file, folios 1749, 1758, 1760 and 1765).
289
Cf. Decision of the Prosecutor General’s Office of October 18, 2013 (merits file, folio 3501).
290
The Second Criminal Court ordered “[t]hat certified copies of the case file be forwarded to the Prosecutor
General’s Office in relation to [four persons, including] Irma Franco Pineda, in order to investigate their presumed
participation in the decease of the other victims of the events that were not included in the indictment.” Judgment of
the Second Criminal Court of the Bogota Special Circuit of April 2, 2013 (evidence file, folio 35171).
69
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