-54In order that the corresponding investigation may be pursued, I am attaching the case
file, together with Resolution No. 006 of November 27, 1991, issued by the Office of the
Delegate Attorney (Procuraduría Delegada) for the Defense of Human Rights, and also
the decision of the Medellín Delegate Regional Prosecutor (Fiscalía Regional Delegada),
dated February 4, 1994, so that the criminal responsibilities may be established of the
military personnel who, on January 14, 1990, manned a roadblock, on the road to San
Pedro de Urabá, which allowed two stolen trucks with license plates IB-3544 and UU0783 to pass through with 43 peasants, abducted and taken from the jurisdiction of
Pueblo Bello, municipality of Turbo, by an armed group of approximately 30 men, thus
facilitating, by omission, the disappearance of those who had been abducted. […]80
95(54) On March 23, 1994, the Adjunct Commander of the 17th Brigade received the
copies referred to in the communication of March 9, 1994 (supra para. 95(53)) and
forwarded them to the 21st Military Criminal Court of first instance so that it could
“proceed with the corresponding investigation as necessary.”81
95(55) On September 11, 1995, the 21st Military Criminal Trial Court decided “to
abstain from opening an investigation [...] since no violation of criminal law had been
established.” This decision was based on the measures described in the case file
corresponding to the investigation carried out by the Attorney General’s Office, and
also that it considered that there were “several alternatives that would allow the
groups to detour by other roads to evade the military control.”82
Ordinary criminal jurisdiction
a) First investigatory measures and proceedings of administrative and
jurisdictional bodies
95(56) On January 15, 1990, after they had been to the San Pedro de Urabá military
base to obtain information on the whereabouts of the alleged victims who were then
disappeared (supra para. 95(35)), some of their next of kin reported the events that
had occurred in Pueblo Bello to the Turbo municipality. Consequently, the Municipal
Attorney (Personería Municipal) ordered that a copy of the pre-trial measures should
be forwarded to the Turbo Criminal Investigation judges and to the Apartadó
Regional Office of the Attorney General.83
95(57) On January 15, 1990, the Secretary of the government of the Department of
Antioquia forwarded a public order report to the Governor of the Department
informing her, based on the “information […] received from the Mayor of Turbo,” of
the events that had occurred in Pueblo Bello the previous day. In addition, he
indicated that “he had spoken by telephone with General Clavijo[, who] had told
[him] that the pertinent investigations were underway.”84
80
Cf. official communication of March 9, 1994, from the Commander of the National Army to the
Brigadier General, Commander of the 17th Brigade, Carepa, Antioquia (file of useful evidence submitted by
the State, folio 6804).
81
Cf. note of March 23, 1994, from the Adjunct Commander of the 17th Brigade, Carepa, Antioquia
(file of useful evidence submitted by the State, folio 6805).
82
Cf. ruling of the 21st Military Criminal Trial Court of September 11, 1995 (file of useful evidence
submitted by the State, folios 6825 to 6828).
83
Cf. report of January 15, 1990, issued by the Turbo Municipal Attorney (file of useful evidence
submitted by the State, folios 6031 and 6032).
84
Cf. note of January 15, 1990, issued by the government Secretary to the Governor of Antioquia
(file of attachments to the requests and arguments brief, attachment 5(3), folios 1557 and 1558).
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