20
in the demonstration and the Security Forces." 61 In consequence, the criminal military justice issued
a writ of nolle prosequi, concluding that "it is not possible to start criminal proceedings and bring
the investigation to trial until an active subject has been determined." 62
98.
Finally, based on the facts of August 29, the Procurator General of the Nation
started a disciplinary investigation against Brigadier General Ramírez Mejía. On May 27, 1998, the
Procurator General ordered the archiving of the investigation for lack of merits, concluding that
Brigadier General Ramírez Mejía had not been involved in irregular behavior, since he had issued
precise orders to his subordinates on the prohibition of deploying methods that might violate the
rights of individuals. 63
99.
With regard to the threats, acts of harassment and attempted kidnapping that
occurred after August 29, 1996, various proceedings were also initiated. The National Department
of Special Investigations for the Human Rights Unit of the Procurator General of the Nation's Office
recommended opening an investigation against Non-commissioned officer José Fernando Echevarria
Calle, based on an analysis of the possible inducement for the threats and the similarity between the
oral account constructed from Aracely Román testimony and a photo of Non-commissioned officer
Echevarria Calle 64 . Effectively, the 2nd District Attorney started a disciplinary procedure against Mr.
Echevarria Calle in relation to the threats against Mr. Vélez and his family, but archived it for lack of
merits since it was considered that there was no conclusive proof of the accused's responsibility in
respect to the threats. 65 For its part, the Inspectorate of the Procurator General initiated a
disciplinary investigation for the alleged links between officials of this entity and the threats against
Mr. Vélez. It was ordered to be archived for lack of merits, concluding that the evidence did not
allow the conclusion to be drawn that employees of the Procurator General of the Nation's Office
had irregularly shown up at Mr. Vélez's home to enquire into his schedule and movements. 66
100. The 13th Sectional Prosecutor of Belén de los Andaquíes (Caquetá) is currently
undertaking the corresponding criminal investigation in order to identify, try and punish those
responsible for the threats, acts of harassment and attempted kidnapping of Mr. Vélez67 . As of at
least June 2009, this investigation has been at a preliminary investigation stage. 68 The last
procedural step reported to the IACHR was the receipt of Mr. Vélez's lawyer's testimony on
November 26, 2009. 69
61
State’s brief received on June 2, 2010, Annex, Colombian Armed Forces, Decision of 122nd Judge of the
Military Criminal Court, San Vicente del Caguán (Caquetá), October 3, 1997.
62
State’s brief received on June 2, 2010, Annex, Colombian Armed Forces, Decision of 122nd Judge of the
Military Criminal Court, San Vicente del Caguán (Caquetá), October 3, 1997.
63
State’s brief received on August 4, 2009, pp. 37-38. State’s brief received on June 2, 2010, Annex, Procurator
General of the Nation's Office, Case File No. 001-3422, Decision of May 27, 1998.
64
Petitioners’ Brief received on October 4, 2006, Annex, National Department for Special Investigations, Human
Rights Unit, Procurator General of the Nation's Office, Evaluation Report on Preliminary Inquest D.H.I.E., 125/98, July 10,
1998.
65
State’s brief received on August 4, 2009, p. 47. Petitioners’ Brief received on October 4, 2006, Annex,
Procurator General of the Nation's Office, Second Attorney General of the District of Bogotá, Final Archiving Case File No.
143-17639/98, August 27, 2006.
66
State’s brief received on August 4, 2009, p. 47. Petitioners’ Brief received on October 4, 2006, Annex,
Procurator General of the Nation's Office, Inspectorate, automatic archiving, filing No. No. 030-54410/2001, May 3, 2002.
67
State’s brief received on August 4, 2009, p. 47.
68
State’s brief received on August 4, 2009, p. 47.
69
State’s brief received on August 4, 2009, p. 49. Petitioners’ Brief received on September 8, 2010, Annex 15 b),
Public Prosecutor of the Nation's Office, Statement of Raúl Hernández Rodríguez to the Judicial Police, November 26, 2009.