209. On May 23, 1998 a Certificate from Officer S-2 GMREB was issued. In it, it’s stated that Mr. “Gustavo Giraldo Villamizar (ak. Cendales)” has a file from the intelligence area.307 On February 23, 1999, the 124 Military Criminal Investigation Court accepted the request by the representative of the next of kin to be incorporated as civil claimants.308 210. On July 8, 1999, pursuant to Article 636 of the Criminal Military Code, the Military Criminal Trial Court denied ordering detention to the defendants in considering that, even though, the crime alleged to be committed is “typical,” “circumstances to dismiss the non-juridical nature of the events or alibis that explain them, are also present.”309 211. On November 19, 1999 the Commander of the Cavalry Group No. 18 “Rebeiz Pizarro,” Judge of First Instance, passed judgment stating that there were no merits to judge them at the Oral War Council. The judge ordered “the cessation of all procedures in favor of the defendants” and the consultation of the decision with its “direct superior” should it not be appealed.310 The ruling established that because “at the time of the events they were members of the military forces on duty […] military criminal law applies.” Among its considerations, the judge mentioned that the “now deceased was not a gentle dove, […] he was no one else but the Chief of the militias of the E.L.N.,” so “it was a man on the fringes of the law, and not a poor [… continuation] “125 motorcycle, I believe white in color.” Finally she stated that she knew that “he got a young girl pregnant, but I don’t know her name.” Annex. 34. Statement of Neyda Díaz Morales before the 124 Military Criminal Investigation Court, November 1996. Annex to the State’s brief received on August 26, 2010. On the other hand, Mrs. Merly Díaz Morales said that she was giving her statement “because the guerilla might say that [Mr. Villamizar] was a peasant.” She said that Giraldo Villamizar “was discharged because he was apparently trying to find out if the army was there to move along some weaponry, he was riding a motorcycle, she was told, as more or less everyone knew what he was doing”. She mentioned that she met Mr. Giraldo Villamizar in the town “about two years ago” and “people would say that he used to work in the organization […]” She said her relationship with him was only of a greeting kind, nothing else. She indicated that “[…] he belong to the ELENOS (member of the ELN), because there you know who is who […]” She stated that “she did not know his ranking and in the town, he was a member of a ELN cell” that “daily would stay in his motorcycle waiting to see which girl would talk to a military person to then tell off and kill her.” When asked who his friends were, she replied “the youth who was taken yesterday, everyone used to call him “Dumar,” they would hang out a lot […]” She said that “they would carry weapons daily, […]”.Annex. 35. Statement of Merly Díaz Morales before the 124 Military Criminal Investigation Court, November 8, 1996. Annex to the State’s brief received on August 26, 2010. 306 Edidxon Villamizar Durán said “I haven’t met, heard of, or known the names of Mrs. Neida Díaz Morales and Merly Díaz. According to the information we have received, they were not acquaintances with my brother because we were always together and we knew who each other’s friends were.” Testimony from Edidxon Villamizar Durán, October 15, 2010. Additionally, Maribel Villamizar Durán mentioned that “she didn’t know Mrs. Neida Díaz Morales or Merly Díaz Morales; she hadn’t even heard their names before, which made it very weird that they would have stated that her brother was a member of the ELN, as they didn’t even know him, or lived close to the family. I recently learnt that one of them moved to Bogota with someone from the army, and the other one is still in Saravena.” Annex. 27. Testimony from Maribel Villamizar, October 15, 2010. 307 Specifically these were mentioned: 19-abr-85 in Saravena, intelligence information from this unit states that this person was sent as an addition to the compañía Simacota, that he was a criminal at the Arauca Department from 1985 to 1990; 05-oct-91 in Saravena, intelligence information states that this person was one of the founders of the Compañía Simacota who commits crimes in Arauca; 21-aug-95, in Saravena, intelligence information states that ak. Cendales, member of the Compañía Simacota is the person in charge of extortion, kidnapping and murder of several persons from the vicinities related to alleged links to members of the military forces; 14-May-96, in Saravena, intelligence information states that Gustavo Villamizar (ak. Cendales) is an active member of the ELN and of the people’s militia that commit crimes in the Saravena Municipality; 10-jun-96 in Saravena, intelligence information states that Gustavo Villamizar (ak. Cendales) is the new head of the people’s militia of the ELN who commit crime in the Saravena Municipality, in replacement of José Orlando Patiño (ak. Matacuras); 10-Jun-96, in Saravena, intelligence information revealed that Gustavo Villamizar (ak. Cendales), commander of the people’s militia of the ELN rides a motorcycle and goes to a Gym in the San Luis neighborhood; 11-aug96, Saravena, discharged from.” Annex. 98. Colombian Military Forces, National Army, Cavalry Group No. 18 Rebeiz Pizarro, Official Report from Officer S-2 GMREB, May 23, 1998. 308 Annex. 99. 124 Military Criminal Investigation Court, Order of February 23, 1999. Annex to the State’s brief received on August 26, 2010. 309 2010. Annex. 94. Military Criminal Investigation Court, Order of July 8, 1999. Annex to the State’s brief received on August 26, 310 Annex. 96. Judge of First Instance, Cavalry Group No. 18 “Rebeiz Pizarro”, Judgment of November 19, 1999. Annex to the State’s brief received on August 26, 2010.