284.
On September 27, 2000, the Disciplinary Prosecutor for the Defense of Human Rights
decided the appeal filed against the aforementioned decision. The Delegate noted that the facts under
investigation took place on September 3, 1995, and decided “the statute of limitation of the disciplinary
action.”413 In accordance with the analysis of the “enlisted defendants”, from the Solicitor General’s Office, Mr.
Jairo Alberto Prieto Rivera had a total of 19 of asserted defences linked to violations of human rights,
including “torture,” “threats” and “illegal detentions.”414
iii)
Proceedings in the Administrative-Law jurisdiction
285.
After the filing of a suit seeking direct damages at the Administrative-Law jurisdiction by
proving that the State was liable in the case, the accumulation of the proceedings was determined on August
10, 2001 "for damages caused by death of Wilfredo Quiñónez Bárcenas and José Gregorio Reyes". In
connection with the death of Mr. Wilfredo Quiñónez on August 27, 2007, the Administrative-Law Court of
Barrancabermeja decided to approve an agreement of partial conciliation between Mr. Quiñónez next of kin
and the National Ministry of Defense- Army.415
286.
In connection with the death of Mr. José Gregorio Romero Reyes, the Administrative-Law
Court of Barrancabermeja passed a judgment and determined that “the circumstances in which Mr. José
Gregorio Romero Reyes ended up dead and by extension Messrs. Albeiro Ramírez Jorge and Wilfredo
Quiñónez Bárcenas […] did not arise either as a result of a confrontation with criminals or as part of an
organized operation pursuant to the duties of members of the military forces. On the other hand, they were
extrajudicial executions. In said terms, the Court concluded that there was a “failure in military service” and
declared the State responsible administratively for the death or Mr. José Gregorio Romero Reyes.416
b.
Considerations of the Commission
i)
In relation with the Independence and impartiality of the authorities in charge of the
case
287.
Taking into account that the Commission has already stated its position on the scope of the
military criminal jurisdiction and the violation of the independence and impartiality guarantees resulting
from its application in cases such as the instant, (see supra paras. 214 and ongoing), the Commission notes
that the information from the case file verifies that the criminal military jurisdiction was used to study the
death of Mr. Quiñónez over more than 13 years from the start of the investigation. The events took place in
1995 and it was not until June 31, 2007 that the Military High Court decided to send the case to the Attorney
General’s Office, which took over the case in year 2008.
288.
In light of the aforementioned considerations, the Commission concludes that the State of
Colombia did not offer Mr. Wilfredo Quiñónez’s next of kin a criminal investigation in proceedings by
independent and impartial judges over a 13 year-long period, in violation of Articles 8 and 25 of the American
Convention, in relation with its Article 1(1).
ii)
In relation with the due diligence in the investigation for the deaths and torture of the
victims
413 Annex. 138. Disciplinary Prosecutor for the Defense of Human Rights, order of September 27, 2000. Annex 35 of the
petitoioners’ brief received on December 6, 2010.
414 It was stated that he “does not have active sanctions or inhabitations in file.” Annex. 139. Solicitor General’s Office, list of
registered defendants. Annex 39 of the petitoioners’ brief received on December 6, 2010.
415 Annex. 140. Administrative-Law Court of Barrancabermeja, Order of August 27, 2007. Annex 37 of the petitoioners’ brief
received on December 6, 2010.
416 Annex. 141. Administrative-Law backlog Court of Barrancabermeja, ruling of first instance, June 3, 2011. Annex 5 of the
petitioners’ brief received on September 6, 2011.