20
90.
The State further notes that the Office of the 13th Special Prosecutor, under the National
Human Rights and International Humanitarian Law Unit of the Office of the Attorney General, under file
No. 4017, is conducting the criminal investigation into the forced displacement and threats to which Ms.
Luz Dary Ospina Bastidas and her family were subjected. It reports that the evidence taken includes
reports of judicial inspections, going to the scene of the events, intelligence work in the sector, locating
the victim, taking the amended complaint of Ms. Ospina, taking sworn statements, and assigning work
missions to the CTI, among others. As regards the investigation that is being undertaken, the State
indicates that the Office of the Attorney General has spared no efforts in pursuing investigative work
aimed at prosecuting those responsible for these facts. On this point, it notes that in the context of this
investigation Mr. Horacio Vedoya Vergara was identified as a possible defendant; he opted for a plea
bargain arrangement and was sentenced by the 27th Criminal Court of the Medellín Circuit to fifty (50)
months in prison for the crimes of forced displacement and invasion of lands or buildings, on June 29,
2011. Similarly, the Office of the Attorney General indicates that investigative work is being done by
members of the Human Rights Group based in Medellín, including taking witness statements, for the
purpose of obtaining information that might help identify the other perpetrators and/or participants in
this matter.
91.
The State also indicates that the Office of the Prosecutor-Delegate for Human Rights
sent copies to the competent disciplinary authority for the latter to decide whether an investigation was
in order. The State observes that it may be possible to establish blame for Luz Dary Ospina Bastidas’
alleged displacement once the investigations have been completed. As for the crime of threat, the State
observes that the investigation is complicated by the fact that the criminals acted in anonymity; because
the supposed victim found out by way of rumor, finding evidence leading to the identification of those
responsible is difficult.
92.
As in the previous case, the State emphasizes that the Comuna 13 situation is
complicated and that the State has made efforts to restore normalcy and the full force of its authority.
It acknowledges that the crimes that take the heaviest toll on the area are murder, terrorism,
kidnapping, extortion and dispossession of properties. It argues that this was the reason why it stepped
up efforts by the security forces to restore order in Comuna 13 through special operations conducted in
strict accordance with its duty to safeguard and protect.
Case 12.621 – Specific Allegations – Ana Teresa Yarce et al.
93.
The State alleges that on November 12, 2002, Ms. Yarce, Ms. Londoño and Ms. Naranjo
were released from custody and turned over to the Public Prosecutor’s Office for the alleged
commission of the crime of sedition. It asserts that the three women were arrested and implicated in
the investigation based on information provided by people living in the sector. Case No. 631609 was
opened in the Single Sectional Unit for Crimes against the Constitutional and Legal Order and Others,
Office of the 84th Prosecutor Assigned to the Medellín Criminal Circuit Court Judges.
94.
During the inquiries, both the Office of the 190th Criminal Court Prosecutor assigned to
the case and the prosecutor overseeing the case concluded that there were no grounds for bringing an
indictment against the accused, and therefore decided to drop the investigation being prosecuted
against them, a decision embodied in a resolution delivered by the prosecutor overseeing the case on
May 22, 2003. In the course of the investigation, on November 21, 2002, the Prosecutor refrained from
issuing custodial measures for Ms. Yarce, Ms. Naranjo and Ms. Mosquera; ordered their immediate
release and ordered that they sign a document pledging to appear in court for the legal proceedings. He