-118Office of the Delegate Attorney for the defense of human rights, “so that it could
order the necessary measures, since there had been a possible violation of Decree
No. 085/89 [which established the Armed Forces Disciplinary Regime], by Captain
Álvaro Gómez Luque, Commander of the San Pedro de Urabá military base.” On April
30, 1990, the said Delegate Attorney’s Office decided to open “a formal disciplinary
inquiry” to clarify the conduct of the National Army officers who, at the time of the
facts, were the commanders of the San Pedro de Urabá military base and the
checkpoint in the same place (supra paras. 95(128) and 95(129)).
196. Subsequently, several investigatory measures were taken (supra paras.
95(1300 to 95(135)). On November 27, 1991, the Office of the Delegate Attorney for
the defense of human rights decided to absolve the officers who had been the
commanders of the San Pedro de Urabá military base and roadblock from the
charges that had been filed, due to the “doubt that had arisen in the proceedings
concerning the possible disciplinary responsibility of these officers.” In this decision,
the Office devoted a large part of its analysis to questioning and nullifying the
probative value of the statement made by Rogelio de Jesús Escobar Mejía, despite
which, it indicated that “it is not possible to reject the alleged participation of a
lieutenant and other soldiers to which he alluded completely, since his statement
agrees in part with that of the witnesses […]” (supra para. 95(136)).
197. Later, on September 20, 1996, the Delegate Attorney’s Office ordered the
opening of a new preliminary inquiry into the possible active conduct of the officers
investigated (supra para. 95(141)). On February 12, 1998, the Delegate Attorney’s
Office ordered a series of measures to be taken (supra para. 95(142)) and on August
16 that year it ordered the opening of a disciplinary investigation against Lieutenant
Fabio Enrique Rincón Pulido. On July 31, 2000, the Office of the Delegate Disciplinary
Attorney absolved this officer of all disciplinary responsibility, and this was confirmed
on February 9, 2001 (supra paras. 95(145) and 95(147)).
198. It should also be noted that these procedures took approximately 11 years
from the first procedural actions until the decision in consultation with the
Disciplinary Chamber of the Attorney General’s Office; this cannot be considered a
recourse executed within a reasonable time.
199. It is also relevant to consider the nature of the offences investigated and the
mandate of the body in charge of the investigation.
200. The Court appreciates the seriousness and diligence of the investigation
carried out by the Office of the Delegate Attorney for the defense of human rights,
when ordering the collection and reception of pertinent probative elements and thus
becoming the sole national mechanism for investigating the possible connection of
members of the Colombian military forces with the events in Pueblo Bello, even in
the hypothesis of the forced disappearance of persons. However, the purpose of
these investigations was limited to determining the individual responsibilities of a
disciplinary nature of a total of three Army officers for the said facts. The
investigations carried out did not categorically rule out the participation of members
of the Armed Forces or other State security units in the massacre and even left open
this possibility. Although, in both proceedings, the Attorney General’s Office
considered that Escobar Mejía’s statement was insufficient evidence to attribute
disciplinary responsibility to the officers investigated, who it absolved by according
them the benefit of the doubt, it is clear that its decisions did not eliminate the
possibility that the Armed Forces were involved in the facts. Even in the decision of
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos