69
2º. TO CANCEL the bond deposited by Gutiérrez Giraldo when he was released on bail.
3º. TO UPHOLD the conviction against CARLOS CASTAÑO GIL, JULIO ENRIQUE FLOREZ
GONZÁLEZ, LINO HERNANDO SÁNCHEZ PRADO, JUAN CARLOS GAMARRA POLO and
José MILLER UREÑA DÍAZ, regarding the subject matter of the appeal.
4º. To reiterate the arrest warrants against CARLOS CASTAÑO GIL and LUIS HERNANDO
MÉNDEZ BEDOYA or RENÉ CÁRDENAS GALEANO (a. René), and the a quo or the
Criminal Sentence and Security Measures Execution Judge must verify whether there is
an investigation for the crime of flight, as set forth in a certification left at the time of
notification of his conviction by the trial court; if that were not the case, to proceed
accordingly.124
96.123
On March 25, 2003 the National Human Rights and International
Humanitarian Law Unit reported that
while the number of victims has not been established, it has been possible to identify in
the forensic records the bodies of José Rolan Valencia, Sinaí Blanco and an unidentified
man approximately […] 35 to 40 years old, there being a certification of removal of the
bodies […] and autopsy certificates […]. In addition to the three aforementioned bodies,
other townspeople [were] murdered[, and their bodies] were thrown into the Guaviare
River, such as [those of] Antonio María Barrera, Álvaro Tovar Muñoz, known as Tomate,
Edwin Morales, Jaime Pinzón, that of a young black man named Nelson and that of a
man whose body was found floating in the water, without it having been identified as
yet; [there was also] the kidnapping of Gustavo Caicedo Rodríguez, Hugo Fernando
Martínez Contreras, Diego Armando Martínez Contreras and Manuel Arévalo, murders
and disappearances regarding which there are […] witnesses.125
96.124
On December 31, 2004 the Attorney General’s Office, through the
Directorate of International Affairs, in response to a request by the Specialized
Prosecutor of the National Human Rights and International Humanitarian Law Unit,
requested “international technical assistance from the authorities of the London
Metropolitan Police, to attempt the possible recovery of certain bones of people killed
in the Mapiripán Massacre, with a team of forensic experts specializing in
management of underwater scenes.”126
96.125
On July 11, 2005 the public hearing in the trial against General (r)
Jaime Humberto Uscátegui was completed and the proceeding moved to the office of
the criminal judge of the specialized circuit for him to issue the respective
judgment.127
96.126
At the time of the instant Judgment, the criminal proceeding is still
ongoing and its current state, according to the information in the file before the
Court, is the following:
a)
an approximate of 17 individuals have been prosecuted;
124
See Judgment of February 15, 2005 issued by the Criminal Chamber of the High Court of the
Court District of Bogotá (file with evidence tendered by the State, pages 4692 to 4771).
125
See the March 25, 2003 note, signed by a judicial technical expert of the Human rights and
International Humanitarian Law Unit (file with appendixes to the application, appendix 47, pages 776 and
777).
126
See the December 31, 2004 note, signed by the Director of International Affairs of the Office of
the Attorney General, addressed to the Commissioner of the London Metropolitan Police (file with evidence
tendered by the State, page 4687).
127
2, 2005.
See brief with evidence to facilitate adjudication of the case submitted by the State on September
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