persons accused. This resolution was “declared firm” on July 3, 2002, and therefore
the case was closed.59 With respect to the accusation against Antonio Alonso
Martínez, Jaime Alberto Peña Casas, and Elías Sandoval Reyes, on April 10, 2001 the
Specialized Public Prosecutors’ Office of the Human Rights Unit ordered the
preliminary proceedings referred to the 41st Criminal Court of the Specialized Circuit
in Bogotá. The Supreme Court of Justice ordered a “change of venue” for which
reason on August 6, 2001 the proceeding under the jurisdiction of the Criminal
Court of the Mocoa – Putumayo Circuit was referred to the 41st Criminal Court of the
Specialized Circuit of Bogotá, which is currently processing the case under No. 2122001.60 At the date of the instant Judgment, this ordinary criminal proceeding is still
being processed and no final judgment has been issued that, if that were the case,
identifies and punishes those responsible for the facts in this case.
Administrative-law proceedings
ñ)
Administrative-law proceeding No. 4534 before the Administrative-law Court
of Nariño for the death of Julio Milciades Cerón Gómez, Edebraes Norverto Cerón
Rojas, and Wilian Hamilton Cerón Rojas. On July 19, 1991 the next of kin of said
victims61 filed a claim for direct reparation for their death, before the Administrativelaw Court of Nariño against the Republic of Colombia, Ministry of National DefenseNational Police.62 On February 23, 1995 the Administrative-law Court of Nariño
issued a judgment within the proceeding in which it deemed the fault or lack of
service of the respondent entity (Ministry of Defense – National Police) proven; it
declared “the Republic of Colombia administratively responsible” for the death of the
victims and ordered it to pay the pecuniary and non-pecuniary damages caused to
the next of kin.63 The applicant and respondent parties appealed this judgment. On
January 15 the Third Section of the Administrative-law Court of the State Council
issued a judgment confirming the decision of the court and establishing the amounts
that the State must pay for pecuniary and non-pecuniary damages to the next of kin
of the victims.64 In compliance with the aforementioned judgment, on June 20,
1996 the Director General of the National Police ordered payment of 188,288,175.45
Colombian pesos for pecuniary and non-pecuniary damages, to Blanca Flor Rojas,
59
Cf. September 6, 2000 Order of the Special Public Prosecutor of the National Human Rights Unit
of the Office of the National Director of Public Prosecutors’ Offices of the Office of the Solicitor General of
the Republic, in preliminary proceedings No. 348 U.D.H.; file with evidence to facilitate adjudication,
received during the reparations stage of Las Palmeras Case, sheets 2246 to 2327; and processing file of
the reparations phase of Las Palmeras Case, Volume II, sheets 429 to 448.
60
Cf. evidence file received during the reparations stage in Las Palmeras Case, under the title
“Prueba aportada por el Estado de Colombia para mejor resolver”, at the Secretariat of the Court, sheets
2246 to 2327; and processing file of the reparations phase of Las Palmeras Case, Volume II, sheets 429 to
448.
61
The next of kin who filed the application were Blanca Flor Rojas –on her own behalf and on that
of Leyman and Soraida Marley Cerón Rojas–, Bladimir Cerón Rojas; and the siblings of Julio Milicíades
Cerón Gómez: Bertilda Heroína, Luis Nectario, Dolores Celina, Adela Nilda, Digna Reinalda, Segundo
Ulpiano, Rosa Evila, and Manuel Esteban, all of them Cerón Gómez.
62
Cf. file of administrative proceedings No. 4534 which includes actions undertaken in the
proceedings before the Administrative Court of Nariño initiated by the next of kin of victims Julio Milciades
Cerón Gómez, Edebraes Norverto Cerón Rojas and Wilian Hamilton Cerón Rojas, filed at the Secretariat of
the Court as evidence contributed by the State during the merits phase in Las Palmeras Case.
63
Cf. February 23, 1995 Judgment of the Administrative Court of Nariño in proceedings joinder No.
4534.
64
Cf. January 15, 1996 Judgment of the Third Section of the Administrative Court of the State
Council of Colombia.
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