46
(e) In the criminal proceedings currently underway, charges have been brought
against three persons138 and the charges have yet to be defined against eight
individuals;139
(f) At least two arrest warrants are pending execution (infra para. 173); and
(g) In addition to the sergeant who was sentenced to one year’s detention for the
crime of concealment (supra para. 154.b), only two members of the armed forces have
been placed under investigation in the ordinary criminal proceedings: a retired major
and a lieutenant140 are currently under investigation for conspiracy. With regard to the
major141 in 1998 an investigation into his responsibility as an accomplice to aggravated
homicide was precluded, but an investigation was ordered into his responsibility for the
crime of conspiracy.142 The lieutenant was initially acquitted of “several crimes of
homicide, abduction, larceny” but an investigation was ordered into his responsibility
for conspiracy.143 This investigation began in 2007.144
*
*
*
Lack of due diligence in the investigations
155. The Court finds that, upon an analysis of the lack of due diligence exercised by those
who conducted the official investigations, the ineffectiveness of these criminal proceedings
decision adopted on January 10, 2001, by the Criminal Circuit Court of San Gil (record of evidences to the brief
containing pleadings and motions, volume VI, evidence 56.4, page 3623).
138
Lanfor Miguel Osuna Gómez, Jairo Iván Galvis Brochero and Gilberto Silva Cortés. Cf. resolution of March
21, 2006 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and
International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume II, evidence 3U, page
5040).
139
Norberto de Jesús Martínez Sierra, Rafael Pombo Cataño, Anselmo Martínez, Robinson Fontecha Vera,
Wilson Cardona Camacho, Oscar Moreno Rivera, Jesús Antonio Cárdenas and Luis Enrique Andrade Ortiz. Cf.
resolution of July 14, 2005 issued by the Office of the Fourteenth Specialized Prosecutor for the National Human
Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume I, evidence
3R, pages 4962 and 4963); report of August 25, 2006 issued by the National Human Rights and International
Humanitarian Law Unit (record of evidences to the State’s reply brief, volume I, evidence 1, page 4608); affidavit
given by Héctor Cruz Carvajal on January 19, 2007 (record of witness statements and expert reports, volume III,
page 7559); and resolution of January 19, 2007 issued by the Office of the 14th Specialized Prosecutor of the
National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing
arguments submitted by the State, volume II, evidence 1D, page 8018).
140
Cf. Retired Major Oscar de Jesús Echandía. Although his retirement occurred one month after the date of
the massacre, he was charged for acts which committed while he was a part of the State security forces. Cf.
Charges issued on September 12, 1997 by the Office of the Delegated Regional Prosecutor of the National Human
Rights Unit (record of evidences to the application, volume I, evidence A27, pages 285 and 286).
141
Cf. preclusion resolution issued by the Office of the Delegated Regional Prosecutor of the National Tribunal
(record of evidences to the application, volume I, evidence A29, pages 315 and 317).
142
Cf. resolution of September 16, 2005 issued by the Office of the Fourteenth Specialized Prosecutor for the
National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing
arguments submitted by the State, volume IV, evidence 56, pages 3585 and 3590).
143
Lieutenant Luís Enrique Andrade Ortiz. Cf. judgment of November 14, 1990 issued by the Sentencing
Chamber of the Superior Court of Public Order (record of evidences to the application, volume I, evidence A32,
page 503).
144
Cf. resolution of January 19, 2007 issued by the Office of the Fourteenth Specialized Prosecutor for the
National Human Rights and International Humanitarian Law Unit (record of evidences to the written closing
arguments submitted by the State, volume II, pages 8015 and 8018).
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