42
with the cousins because the cousins knew what to do so that you go with them and he was
188
referring to massacres and legalizations.
188.
On July 23, 2001, a UDH Specialized Prosecutor and three members of the Technical
Investigation Body (CTI), coordinated by the Head of the UDH Maritza González Manrique, carried out
189
the arrest warrant and search.
189.
On July 27, 2001, General (Ret.) Del Río Rojas' defense requested that the Prosecutor
refrain from filing charges, arguing that the Prosecutor lacked the required functional competence to
charge a suspect who was fulfilling the role of General of the Republic at the time that the events
occurred. On July 31, 2001, the Prosecutor made a decision on Del Río Rojas' judicial situation by
imposing preventive detention without bond, for the crimes of aggravated conspiracy due to the proven
190
connection between the XVII Brigade and the ACCUs acting within its jurisdiction.
190.
This decision was brought to the attention of the incoming Prosecutor General, Luis
Camilo Osorio Isaza, who considered it "disloyal" and demanded the UDH-FGN Head’s resignation. The
191
former Prosecutor General in charge decided to submit his own resignation, in support.
191.
On August 3, 2001, the General's defense lodged a habeas corpus petition, which was
decided in his favor on August 4, 2001, and his release was ordered based on the Prosecutor's lack of
authority to order his arrest. Also, criminal and disciplinary investigations were initiated against the
192
Prosecutor and the officials participating in the General’s arrest and search of his home.
192.
On August 8, 2001, the IACHR granted precautionary measures in favor of the former
Head of the UDH-FGN and the Chief of the Anti-Corruption Unit - whose resignation had also been
193
requested - as well as of various prosecutors assigned to the UDH-FGN and members of the CTI.
The
IACHR requested that the State adopt the necessary measures to protect their and their family's physical
188
Annex 64. Prosecutor decides legal situation of Brigadier General (ret.) Rito Alejo del Río Rojas proceedings 5767, p.
14. Annex 7 to the Note of the Colombian Foreign Ministry No. DDH GOI 18083/0836, received on May 1, 2006. Cf. Annex 39.
Voluntary video deposition of Fredy Rendón who defines that the "cousins" was the identification of the self-defense forces by the
military units. Annex 3 D to the Note of the Foreign Ministry, August 27, 2009.
189
Annex 65. IACHR Communication to the State of Colombia of December 17, 1999 in the precautionary measures
proceedings.
190
Annex 42. Prosecutor General's Office. Decision of September 12, 2008 in which the legal situation of Rito Alejo Del
Río was resolved. Annex to the petitioners’ brief of May 19, 2009.
191
"As the information available shows, the lack of support for the decision of the National Human Rights Unit of the
General Prosecutor's Office to perfect the arrest of General del Río Rojas, lead to the forced resignation of its Director, Dr. Pedro
Díaz Romero and the release of the General. The Commission was also aware that judicial and disciplinary actions were ordered
against the prosecutors of the Unit and members of the Technical Investigatory Body (CTI) who participated in the investigation and
relevant arrest." Annex 66. IACHR Press Release No. 21/01 IACHR's Concern at Changes in the National Human Rights Unit in
Colombia. At: http://www.cidh.org/Comunicados/English/2001/Press21-01.htm. In May 2008, the Administrative Tribunal of
Cundinamarca decided that the resolution of resignation of Pedro Díaz was invalid, Resolution No. 2-1876 of August 9, 2001, and
ordered the Prosecutor General to reinstate the person concerned in charge and provide appropriate reparations. Annex 67. See
Administrative
Tribunal
of
Cundinamarca,
decision
of
May
8,
2008.
In:
http://190.24.134.90/tribunal/Scripts/Data/resultados.php?pag=3.
192
Habeas corpus decision of the 31st Criminal Judge of the Bogota Circuit, August 4, 2001, filed as No. 00004/2001.
Petitioners’ allegations on the merits received on March 10, 2008, para.162.
193
Lucía Margarita Luna Prada, Gonzalo Alirio García Gómez, Maritza González Manrique, Fernando Niño Quintero,
Ramiro Sánchez Pardo and Jaime Tapia Carlier. Annex 68. MC 185-01. Pedro Díaz Romero et al. See IACHR, Report No. 86/06.
Petition 499-04, Admissibility, Marino López et al. (Operation Genesis), Colombia, October 21, 2006, footnotes 31 and 32. See also:
Annex
69.
IACHR.
Annual
Report
2001
III
C.
1,
para.
20.
See.
http://www.cidh.org/annualrep/2001sp/cap.3a.htm#1.%20%20%20%20%20%20%20Medidas%20cautelares%20acordadas%20o%2
0extendidas%20por%20la%20Comisión%20durante.