44 197. On March 9, 2004, the investigation against General Del Río Rojas was closed "for not 202 having - in accordance with the evidence - any criminal responsibility for acts or omissions." 198. On February 18, 2009, the Procurator General of the Nation lodged a request for revision 203 of the said decision, which was judged to be appropriate on March 11, 2009, by the Criminal Cassation Chamber of the Supreme Court of Justice, which lifted the res judicata and ordered the reopening of 204 criminal investigation No. 426, in the light of the discovery of new evidence, unavailable at the time of 205 deciding on the closing of the investigation. The investigation is currently at the instruction stage with 206 the 20th Prosecutor of the UDH-FGN. ii) Criminal Investigation No. 2332 against General (Ret.) Rito Alejo del Río Rojas and some other members of the "Elmer Cárdenas" paramilitary group 199. On February 27, 1997, an investigation under No. 2332 was initiated against some members of the "Elmer Cárdenas" paramilitary group and General (Ret.) Del Río Rojas, for their raid on the Bijao hamlet, the "murder of a protected person" - Marino López Mena - the forced displacement of 207 February 1997 and for conspiracy to commit crimes. Luis Muentes Mendoza and Diego Luis …continuation he be called to make a statement; to the special Human Rights Public Prosecutor in Bogota on June 11, 2002, requesting his release since no evidence had been found against him justifying his continued imprisonment; to the UDH on July 19, 2002, requesting a modification of his legal situation; to the UDH in September 2002, requesting the he be authorized to be interviewed by a journalist of the "El Diario" newspaper; to the UDH and to Dr. Luna Prada on October 1, 2002, showing the retraction of his complaints. Annex 2 to the initial petition of June 1, 2004. 202 Annex 72. Decision to close the investigation against Brigadier General (ret.) Rito Alejo del Río Rojas on March 9, 2004. Annex 7 to the Note of the Colombian Foreign Ministry No. DDH GOI 18083/0836, received on May 1, 2006. 203 Note of the Foreign Ministry, August 27, 2009, para. 176. 204 Voluntary depositions of Héber Veloza García, Salvatore Mancuso Gómez and Jorge Iván Laverde Zapata, made in the context of the Justice and Peace Law, and the evidence of Elkin Casarrubia Posada. Annex 73. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on revision action (Proceedings 30510) March 11, 2009, para. 5.3. Annex 4 to the Note of the Foreign Ministry, August 27, 2009. 205 Annex 73. Supreme Court of Justice, Criminal Cassation Chamber. Judgment on revision action (Proceedings 30510) March 11, 2009, para. 5.3. Note of the Foreign Ministry, August 27, 2009, para. 177. 206 207 Note of the Foreign Ministry, August 27, 2009, para. 180. The State indicates that the following procedural steps were taken (day/month/year): 04/07/2003: the investigation was assigned to a special prosecutor of Quibdó. 30/07/2003: Decision that ordered the initiation of the preliminary investigation by the 15th Public Prosecutor's Section of Riosucio and ordered the taking of evidence; 08/08/2003: Mr. Adán Quinto Mosquera's statement was received, representative of the Cacarica communities, who stated he knew the victim. It was established who murdered him, Marino López, as members of the AUC because they saw him dressed in camouflage used by the guerrilla members of the FARC. 9/09/2004: statement of Luis Aníbal Lemus Mosquera, who related that they told him that Marino López had been murdered by the paramilitaries because a boss had said he was a guerilla fighter. He also stated that at that date there had been no bombings in the place of the events. 13/09/2004: the Prosecutor sends the investigation to the competence of the Judges of the Special Circuit of Quibdó, on mentioning that the alleged conduct was committed by paramilitaries. 12/10/2004: jurisdiction advocated for the 100th Special Prosecutor of Quibdó, who ordered the Riosucio prosecutor to gather certain evidence. 13/10/2005: in an order directed to the CTI director, by the Prosecutor, he reported that the investigation was related to a list of investigations, which the UNDDHD would give more impetus. 25/10/2005: the 100th Prosecutor ordered the taking of various statements, including that of Marino López Mena's partner. 11/11/2005: it was though that the investigation should be brought to the attention of the Special Commission of the UNDDHH and DIH in the Urabá area of Antioquia, and the taking of evidence was ordered. 17/11/2005: statement of Adán Quinto was given establishing that Marino López was murdered by paramilitaries and that an NGO had disinterred him to be paid money given by the Solidarity Network, but it was not known where they buried him. 02/02/2006: in a resolution, the FGN gave jurisdiction to the investigation to the 21st Prosecutor's Office of the UNDDHH and DIH of Bogota. The interrogation of Fredy Rendón Herrera was moved, and various judicial inspections were carried out, a request was made for a copy of the disciplinary investigation into the so-called Operation Genesis, and the testimony of various individuals was taken. 10/02/2007: Emedelia Palacios Palacios, Libia Luz Palacios Palacios and Leonardo López García made statements. 09/04/2007: the investigation was reassigned to the 14th Chamber of the UNDDHH and DIH. In this phase, the investigatory activity was aimed at obtaining the identity of Vicente Muentes, aka Richard and aka Taolamba, paramilitaries and alleged co-perpetrators of the criminal offense of murder. 15/05/2007: Voluntary deposition step of Salvatore Mancuso, in which he alluded to the alleged relationship that General del Río Rojas maintained with the AUC. 31/07/2008: date of opening of the instruction stage. The following was ordered: interrogation of Luis Muentes Mendoza, Fredy Rendón Herrera, Diego Luis Hinestroza Moreno, Marino Mosquera Fernández, who participated in the murder of Marino López Mena, as related by them in voluntary depositions before the Continues…

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