100
and the murder of Mrs. Yarce, and identified several of these individuals as associates of the Héroes de
Granada Bloc, which is considered responsible for the crimes.491 The State has not submitted any
information to the IACHR on any efforts made to identify and punish all those responsible for the abovecited threats, and determine how they may be connected to the murder of Ms. Yarce.
345. The statements of the convicted participants – Jorge Aguilar y Jhon Jhon Cairo Duran –
and several decisions of the Office of the Prosecutor, also mention other potential intellectual authors
behind the murder of Ms. Yarce.492 In the Defendant’s initial statement of Mr. Jorge Aguilar he testified
that the leader of the Héroes de Granada Bloc was the man known by the alias Estartaz493 and Mr. Jhon
Jairo Cano Durán mentioned Primo as the individual who gave the order to murder Mrs. Yarce, inasmuch
as he believed her to be a “guerrilla member.”494 He referred to Primo as the leader of all of the
commanders in the area, ranked higher in the hierarchy than Jorge Aguilar.495 Mr. Jhon Jairo Cano
Durán noted in his initial defendant’s statement that he did not believe that Jorge Aguilar was involved
in the crimes, and identified alias Jhony Loco as co-perpetrator in these crimes.496 On this topic, the
State submitted no information during the merits stage to indicate that it has taken reasonable
measures to investigate all individuals mentioned in these statements. The record before the IACHR
only contains an arrest warrant for alias Jhony Loco, issued by the Office of the Prosecutor on September
6, 2007, without any indication of any effective execution of the warrant.497
346. Based on the proven facts of the case, it is also evident that potential involvement in the
murder of Ms. Yarce by members of the public security forces has not been investigated. The State has
forcefully contended before the IACHR that state agents have not been involved in these crimes.498
August 24, 2005; Annex 71. Addendum to the Testimony given by Mrs. Naranjo on August 24, 2005. Criminal proceeding on the
murder of Mrs. Ana Teresa Yarce.
491
Annexes 44 and 46. Decision on the Bail Status of Jorge Enrique Aguilar, Office of the Attorney General of the
Nation, File: 2169, August 31, 2007; Decision on the Bail Status of Jhon Jairo Cano Durán, Office of the Attorney General of the
Nation, File: 2169, September 6, 2007. Criminal proceeding on the murder of Mrs. Ana Teresa Yarce.
492
Annex 44. Decision on the Bail Status of Jorge Enrique Aguilar, Office of the Attorney General of the Nation, File:
2169, Annex 46. August 31, 2007; Decision on the Bail Status of Jhon Jairo Cano Durán, Office of the Attorney General of the
Nation, File: 2169, September 6, 2007. Annex 75. Defendant’s Voluntary Initial Statement of Jhon Jairo Cano Duran, October 19,
2007; Annex 74. Defendant’s Voluntary Initial Statement of Jorge Enrique Aguilar Rodríguez, August 23, 2007; Criminal
proceeding on the murder of Mrs. Ana Teresa Yarce.
493
Annex 74. Defendant’s Voluntary Initial Statement of Jorge Enrique Aguilar Rodríguez, August 23, 2007; Criminal
proceeding on the murder of Mrs. Ana Teresa Yarce. Annex 1. Observations of the Petitioners in reference to the matter of
Miryam Eugenia Rúa Figueroa et al – Case 12.595 dated May 3, 2012.
494
Annex 75 Defendant’s Voluntary Initial Statement of Jhon Jairo Cano Duran, October 19, 2007; Annex 81.
Defendant’s Initial Statement of Jorge Enrique Aguilar Rodríguez, August 23, 2007; Criminal proceeding on the murder of Mrs.
Ana Teresa Yarce.
495
Annex 75. Defendant’s Voluntary Initial Statement of Jhon Jairo Cano Duran, October 19, 2007; Annex 81.
Defendant’s Voluntary Initial Statement of Jorge Enrique Aguilar Rodríguez, August 23, 2007; Criminal proceeding on the
murder of Mrs. Ana Teresa Yarce.
496
Annex 75. Defendant’s Voluntary Initial Statement of Jhon Jairo Cano Duran, October 19, 2007; Annex 81.
Defendant’s Voluntary Initial Statement of Jorge Enrique Aguilar Rodríguez, August 23, 2007; Criminal proceeding on the
murder of Mrs. Ana Teresa Yarce.
497
Annex 76. Indictment of other co-perpetrators. File 2169, Office of the Attorney General of the Nation, September
6, 2007. Criminal proceeding on the murder of Mrs. Ana Teresa Yarce.
498
Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, pp. 56-57; Colombian State’s
Note DH. GOI No. 12442-0552, dated March 15, 2007, page 10.