9.439.341 from Barrancabermeja, resident in the la Esperanza neighborhood and who owns the mobile
number 310-7000011. His life was saved thanks to his sister, Blanca Zabala Serrano.403 On October 6, 2008
the 67th Office of the Attorney General’s Human Rights and International Humanitarian Law Section, took the
declaration of Mr. Luis Alfonso Agudelo Martínez;404 on October 6, 2008 of Mrs. Diana Isabel Porras
Ramírez;405 and on October 29, 2008 of Mr. Ángel María Noriega Gómez.”406
282.
On September 28, 2009 67th Office of the Attorney General determined the closing of the
proceedings “as the investigation phase term has more than elapsed.”407 According to the information
provided by the State, on December 27, 2011 the 67th Office of the Attorney General reviewed the
investigation procedure and accused the defendants Major Jorge Alberto Prieto Rivera and soldier Luis
Enrique Pineda Matallana408 of the crime of murder under aggravated circumstances. The State also informed
that there was a “procedural rupture in which it was ordered to continue the investigation for the crime of
torture to investigate the other participants and the crime of torture” and established that there were “other
probatory means that the attorney general’s office shall exhaust, such as the exhumation for a possible
autopsy and that other witnesses shall be located.” 409 The Commission does not have more information about
the status of this subsequent process.
ii)
Disciplinary proceedings
283.
On June 28, 2000, the Disciplinary Prosecutor for the Defense of Human Rights from the
Solicitor General’s Office rendered an order about the disciplinary investigation into the events. In it, Mr.
Jairo Alberto Prieto Rivera410 was found responsible. The Delegate stated that, “the youth, while still alive –
because the contrary is not stated- was subjected to torture.” In relation with Mr. José Gregorio Romero
Reyes she noted that the autopsy report “establishes that bruises were found in three places, but clarifies that
they occurred post-mortem, which dismisses the occurrence of the conduct referred thereto (torture).” In
relation to Mr. Albeiro Ramírez Jorge, “bruises were found in the left cheek boneand left chin and left lateral
of the thorax, which implies that this victim was also subjected to torture while still alive.”411 Finally, the
Delegate concluded that “the accounts of the person being investigated and the soldiers that accompanied
him the night of the events, are not worth of any credit since it has not been proven that the victim had any
weapons, it becomes an indication of responsibility as it discards the combat situation alleged by the
defendant.” 412
403Annex. 134. Criminal investigator II UNDH-DIH CTI, Report of October 3, 2008. Annex 39 of the petitioners’ brief received in
December 6, 2010.
404 Annex. 89. Statement by Mr. Luis Alfonso Agudelo Martínez at the 67th Office of the Attorney General, October 6, 2008.
Annex 30 of the petitioners’ brief received in December 6, 2010.
405 Annex. 78. Statement by Diana Isabel Porras Ramírez before at the 67th Office of the Attorney General’s Human Rights and
International Humanitarian Law Section, October 6, 2008. Annex 31 of the petitioners’ brief received in December 6, 2010.
406 Annex. 135. Statement by Mr. Ángel María Noriega Gómez at the 67th Office of the Attorney General’s Human Rights and
International Humanitarian Law Section, October 29, 2008. Annex 32 of the petitioners’ brief received in December 6, 2010.
407 Annex. 136. 67th Office of the Attorney General’s Human Rights and International Humanitarian Law Section, Decision of
September 28, 2009. Annex 33 of the petitioners’ brief received in December 6, 2010.
408 IACHR, Hearing Case 12. 711, Wilfredo Quiñónez Bárcenas, Colombia, held during the 144 Period of Sessions, March 26,
2012. Available at: http://www.oas.org/es/cidh/audiencias/hearings.aspx?lang=en&session=125
409 IACHR, Hearing Case 12. 711, Wilfredo Quiñónez Bárcenas, Colombia, held during the 144 Period of Sessions, March 26,
2012. Available at: http://www.oas.org/es/cidh/audiencias/hearings.aspx?lang=en&session=125
410 Annex. 128. Disciplinary Prosecutor for the Defense of Human Rights, order of June 28, 2000. Annex 34 of the petitoioners’
brief received on December 6, 2010.
411 Annex. 137. Disciplinary Prosecutor for the Defense of Human Rights, order of June 28, 2000. Annex 34 of the petitoioners’
brief received on December 6, 2010.
412 Annex. 137. Disciplinary Prosecutor for the Defense of Human Rights, order of June 28, 2000. Annex 34 of the petitoioners’
brief received on December 6, 2010.