51
88(j) On April 25, 2002, the Criminal Cassation Chamber of the Supreme Court of
Justice delivered a judgment in which it decided the appeal for annulment filed
against the judgment delivered by the National Court on April 14, 1998 (supra para.
88(h) and 88(i)). The Chamber decided “not to annul the contested judgment.”64
88(k) On October 7, 1999 the Criminal Court of the San Gil Specialized Circuit
delivered an early judgment on Alonso de Jesús Baquero Agudelo for the crime of the
extortive kidnapping of the 19 tradesmen, imposing a sentence of 10 years’
imprisonment and prohibition to exercise public office or rights for 10 years.65
88(l) The Judge for Criminal Affairs of the San Gil Specialized Circuit (Santander
Department) held a public hearing on November 23, 2000.66
88(m) On March 23, 2001, the Criminal Court of the San Gil Specialized Circuit
(Santander Department) delivered a judgment in which it sentenced Waldo Patiño
García, as author of the crime of the aggravated homicide of the 17 tradesmen, to
30 years’ imprisonment and prohibition to exercise public office and rights for 10
years and absolved him from the crimes of extortive kidnapping and aggravated
homicide against Juan Montero and Ferney Fernández. It also sentenced Luz Marina
Ruiz Gómez, as accomplice to the crime of aggravated homicide of the 17 alleged
victims, to the basic punishment of 25 years’ imprisonment and to the accessory
punishment of prohibition to exercise public office and rights for 10 years, and
absolved her from the crimes of extortive kidnapping and aggravated homicide
against Juan Montero and Ferney Fernández. Lastly, the judge sentenced Diego
Viáfara Salinas, as accomplice to the crime of aggravated homicide of the 17 alleged
victims, to the basic punishment of 23 years’ imprisonment and to the accessory
punishment of prohibition to exercise public office and rights for 10 years, and
absolved him from the crimes of extortive kidnapping and aggravated homicide
against Juan Montero and Ferney Fernández.67
on May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the
application).
64
Cf. certification issued by the Second Judge on Criminal Affairs of the Bucaramanga Specialized
Circuit on May 22, 22 2004 (helpful evidence presented by the State on May 26, 2004, requested by the
Court in the Order of April 22, 2004, tome II, folios 3587 and 3588).
65
Cf. certification issued by the Secretary of the Criminal Courts of the Bucaramanga Specialized
Circuit on May 12, 2004 (helpful evidence presented by the State on May 26, 2004, requested by the
Court in an Order of April 22, 2004, folios 3585); and judgment delivered by the Criminal Court of the San
Gil Specialized Circuit on October 7, 1999 (copy of the file before the Criminal Court of the San Gil
Specialized Circuit in the case against Alonso de Jesús Baquero Agudelo for the crime of extortive
kidnapping, file JE-052, “Original provisional case record number,” helpful evidence presented by the State
on May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the
application).
66
Cf. copy of the file before the Criminal Court of the San Gil Specialized Circuit in the case against
Waldo Patiño García, Jairo Iván Galvis Brochero, Lanfor Miguel Osuna Gómez, Diego Viáfara Salinas and
Luz Marina Ruiz Gómez for the crimes of extortive kidnapping, aggravated homicide […], against “Alvaro
Lobo Pacheco and 16 tradesmen” (helpful evidence presented by the State on May 26, 2004, requested on
the instructions of the President of the Court - paragraph 68 of the application); and judgment delivered
by the Criminal Chamber of the San Gil Superior Court on October 19, 2001 (evidence file presented by
the State on April 18, 2002, requested on the instructions of the President of the Court - paragraph 68 of
the application - tome I, attachment 2, folio 1043).
67
Cf. judgment delivered by the Criminal Chamber of the San Gil Superior Court on October 19,
2001; and judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March 23, 2001