45
(b) Of the 41 individuals who have been prosecuted, eight have been convicted. Of the
eight persons convicted, only one of them was a State agent, and he was a member of
the Army with the rank of sergeant. Seven of the eight individuals were convicted in a
judgment of November 1990 (supra para. 153.a). The eighth individual was convicted
in a judgment of May 2003 (supra para. 153.c). Regarding the crimes for which these
individuals were convicted and the punishments imposed, three of these individuals130
were sentenced to 29 and 30 years’ imprisonment for, inter alia, homicide, kidnapping
and conspiracy; four individuals131 were sentenced to 11 and 14 years’ imprisonment
for conspiracy, and one individual132 was sentenced to one year’s detention for
concealment;
(c) These eight individuals were effectively deprived of their liberty.133
(d) Of the 41 persons who have been prosecuted, 13 of them were acquitted in a
judgment of the first instance in 1990;134 the Office of the Attorney General precluded
the investigation entirely with regard to three individuals in 1999 and 2006;135 in 1997,
the Office of the Attorney General issued an exculpatory order [resolución inhibitoria]
with regard to one former congressman accused of planning the massacre136 and, in
2001, a court declared that the criminal prosecution of one of the individuals had been
extinguished because the accused had died.137
130
Alonso de Jesús Baquero Agudelo, Julián Jaimes and Marceliano Panesso Ocampo, who were members of a
paramilitary group. Marceliano Panesso Ocampo was the only ACDEGAM leader convicted for the events at issue in
this case. Cf. judgment of November 14, 1990 issued by the Sentencing Chamber of the Superior Court of Public
Order (record of evidences to the application, volume I, evidence A32, page 522); and judgment of May 23, 2003
issued by the First Criminal Court of the Specialized Circuit of Bucaramanga (record of the merits, possible
reparations, and costs, volume V, pages 1953 and 1954).
131
Héctor Rivera Jaimes, Ricardo Ríos Avendaño, Jesús Emilio Jácome and Germán Vergara García, who were
members of a paramilitary group. Cf. judgment of November 14, 1990 issued by the Sentencing Chamber of the
Superior Court of Public Order (record of evidences to the application, volume I, evidence A32, page 523)
132
Sergeant First Class Otoniel Hernández Arciniegas. Cf. judgment of November 14, 1990 issued by the
Sentencing Chamber of the Superior Court of Public Order (record of evidences to the application, volume I,
evidence A32, page 523)
133
With regard to Ricardo Antonio Ríos Avendaño, the representatives alleged that this individual “fled and
was not captured until 2005, according to press reports”.
134
Gilberto Ayala Buenahora, Alvaro Arturo Balcazar Mina, Flower Balcazar Mina, Luis Alfonso Gonzalez
Avendaño, Robinson Robles Diaz, Jorge Enrique Moreno, Rafael Enrique Estrada, Indalecio Murillo, Luis Calderon
Santana, Eduardo Solano Vasquez, Maria Deysi Tangarife Rodríguez, Nelson Mendez Acero, Marina Jaimes
Rodríguez and Orlando Novoa Enciso . Cf. judgment of June 29, 1990 issued by the Second Court of Public Order of
Pasto (record of evidences to the application, volume I, evidence A31, pages 442 and 443); and judgment of
November 14, 1990 issued by the Sentencing Chamber of the Superior Court of Public Order (record of evidences
to the application, volume I, evidence A32, page 524).
135
Cf. resolution of January 7, 1999, issued by the Terrorism Unit of the Office of the Bogotá Regional
Prosecutor precluding the investigation against Luis Alberto Arrieta Morales (record of evidences to the application,
volume I, evidence A30, pages 362, 363); resolution of March 21, 2006, issued by the Office of the Fourteenth
Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit precluding the
investigation against Waldo Patiño García (record of evidences to the State’s reply brief, volume II, evidence 3U,
pages 5026, 5039 and 5041) and resolution of July 31, 2006, issued by the Office of the Fourteenth Specialized
Prosecutor for the National Human Rights and International Humanitarian Law Unit precluding the investigation
against Robinson Gutiérrez de la Cruz (record of evidences to the State’s reply brief, volume II, evidence 3V, page
5062).
136
Tiberio Vilareal Ramos. Cf. resolution of December 30, 1997, issued by the Delegate Prosecutor to the
Supreme Court of Justice (record of evidences to the application, evidence A28, pages 302-308).
137
Nelson Lesmes Leguizamón. Cf. resolution of June 30, 2005, issued by the Office of the Fourteenth
Specialized Prosecutor for the National Human Rights and International Humanitarian Law Unit, outlining the
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