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99.
In relation to the death of Ms. Yarce, the 35th Specialized Prosecutorial Office attached
to the National Human Rights Unit of the Office of the Attorney General, in File No. 2169, is investigating
the facts of the homicide of Ms. Ana Teresa Yarce on October 6, 2004, as well as the complaints filed
with the Office of the Inspector General of the Nation with number 014427 of August 22, 2003, for the
crime of personal threats allegedly made against Mmes. Ana Teresa Yarce, María del Socorro Mosquera,
and Mery del Socorro Naranjo. These complaints gave rise to preliminary investigation No. 747394,
opened on August 22, 2003, which were subsequently annexed to the investigations undertaken by the
Office of the Attorney General into the homicide of Ms. Ana Teresa Yarce. The Office of the Attorney
General notes that the complaints into the alleged threats received from the illegal armed group were
joined to this investigation as they were considered interrelated. The consequences are the concurrence
of criminal offenses for which two of the members of the illegal armed group were convicted. The State
is of the view that the Office of the Attorney General has done arduous and constant work in seeking the
persons responsible for the criminal conduct that is the subject of this investigation.
100. The State asserts that steps have been taken and continue to be taken in the context of
the investigation into the death of Ms. Yarce, including the inspection of the crime scene, an autopsy,
other investigate stops, and the judicial inspection of the corpse; and statements were taken from Jorge
Enrique Aguilar Rodríguez and Jhon Jairo Cairo Durán, among others. On January 9, 2009, the Fourth
Specialized Criminal Court of Medellín convicted Jhon Jairo Cano Durán alias “Chupón” and sentenced
him to 240 months in prison and a fine equivalent to 1,487.5 legal monthly minimum salaries, as of
2004; the conviction was for the criminal offenses of homicide of a protected person, reprisals, forced
displacement, and conspiracy to engage in criminal conduct. On July 15, 2010, the Ninth Criminal Court
of the Medellín Circuit convicted Jorge Enrique Aguilar Rodríguez for homicide of a protected person in
concurrence with the crime of reprisals, and sentenced him to 26 years and 4 months in prison.
101. The 25th Specialized Prosecutorial Office, under the National Human Rights Unit of the
Office of the Attorney General, which is conducting the investigation into the death of Ms. Ana Teresa
Yarce, referred to what was stated by petitioners regarding this investigation, and shares the following
observations. It considers that the homicide of Ms. Ana Teresa Yarce was committed by members of the
illegal armed group called Héroes de Granada and that one of the squadron commanders with a
presence in the sector called Cuatro Esquinas, in the neighborhood of Nuevos Conquistadores, in
Comuna 13, alias “Aguilar,” gave the order to assassinate Ms. Yarce to his subalterns known as alias “El
Chupón,” “El Guajiro,” and “El Zarco.” They indicate that the homicide of Ms. Yarce was a reprisal by
the paramilitary figure Jorge Enrique Aguilar after he was detained on October 6, 2004, after
information was provided by Ms. Ana Teresa Yarce regarding his illegal status. The Office of the Attorney
General also notes that the two investigations that it is conducting do not consistently that that it has
been the objective of the paramilitary groups situated in Comuna 13 of Medellín to finish off the social
and community organizations, as stated by the petitioners. It further indicates that there is no evidence
in the investigation to show that her murder was ordered by the high-level commanders or top leaders
of the illegal armed group Héroes de Granada.
102. The State also indicates that it is not the case – as the victims and their representatives
claim – that in the investigation conducted under file No. 2169, the truth of the facts is not known, there
is unwarranted delay, and that only two convictions have been handed down in 2009 and 2010, by
confession and acceptance of the charges. The State indicates that the two judgments handed down by
the Colombian justice system were not obtained simply, and were the result of numerous evidentiary
measures.