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proceedings ineffective. The arrest of Orlando de Jesús Mazo Pino, who has been
convicted, is also still pending (supra para. 125(52)).
304. During these ten years, the results of the criminal investigations concerning
the La Granja massacre indicate that 16 people were investigated, one of whom was
a member of the Army – Jorge Alexander Sánchez Castro – and another a member
of the National Police – José Vicente Castro. Of the 16 people investigated, four have
been convicted of the facts (supra para. 125(51)).
305. Specifically, on July 8, 2005, the First Criminal Court of the Antioquia
Specialized Circuit sentenced Orlando de Jesús Mazo, a civilian, to 12 years’
imprisonment for the crime of conspiracy to commit a crime, terrorism and extortion;
Gilberto Antonio Tamayo Rengifo, a civilian, to 12 years’ imprisonment for the crimes
of terrorism and extortion; Carlos Antonio Carvajal Jaramillo, a civilian, to 72
months’ imprisonment charged with conspiracy to commit a crime and extortion; and
Jorge Alexander Sánchez Castro, Army Captain, to 31 years’ imprisonment for
aggravated murder and conspiracy to commit a crime (supra para. 125(51)). The
Court observes that Carlos Antonio Carvajal Jaramillo’s sentence was suspended
“owing to his age.” According to the useful evidence presented by the State in its
final arguments brief, that ruling was appealed. At the time this judgment is
delivered, the Court has no information on this recourse or its results.
306. Of the other people convicted, only two of them have been imprisoned – the
former officer, Jorge Alexander Sánchez Castro, and the civilian, Gilberto Antonio
Tamayo Rengifo – one sentence was suspended and the arrest of the fourth persons
who was convicted is still pending.
307. Regarding the other State agent investigated in relation to the events of La
Granja, Police Lieutenant José Vicente Castro, the Court observes that he was
convicted on November 14, 2003, and absolved on appeal by a decision of the
Criminal Chamber of the Antioquia Superior Court of July 2, 2004, which considered
that the first instance’s assessment of the evidence was too generalized, which
meant that the culpability of the accused had not been proved sufficiently.
Furthermore, it excused the failure of the Police to intervene adducing that the lack
of logistic and human resources to deal with the announced incursion had been
proved. The Court has taken note of the comment by Colombia in its final arguments
brief that, on September 2, 2005, the State filed an “action for review” of the appeal
judgment that absolved José Vicente Castro, for the Supreme Court of Justice to take
a decision on a new trial for the events that occurred in La Granja.
308. The existence of an unjustified judicial delay can be observed in the
investigations into the events of La Granja. In this regard, the Court notes that,
although certain measures were taken during the preliminary inquiry into the facts
(supra para. 125(42)), the National Human Rights Unit of the Prosecutor General’s
Office only decided to open the pretrial investigation on June 17, 1999; that is, more
than three years after the facts occurred. The First Criminal Court of the Antioquia
Specialized Circuit itself noted in its judgment of July 8, 2005, that the investigation
was opened in June 1999, “taking into account that the preliminary inquiry began on
June 12, 1996, and ‘as of that time significant indications existed in relation to
specific individuals.’”
309. The Court finds that the proceedings and procedures in relation to the events
of La Granja were not implemented regarding for due process of law, within a
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