49
military leaders in the area has already been described (supra para. 90). In this regard, the
Court observes that, even though the Office of the Attorney General and the Office of the
Procurator had all of these probative elements since the mid-1990s, it was only in
September 2005 that it issued an order to receive the spontaneous declarations of retired
General Yanine and other senior military leaders allegedly involved in the Rochela Massacre.
None of these military commanders has been formally tied to the investigation.
162. The Court also observes that, despite the connections among the two cases (supra
footnote 75 and 90) the Office of the Attorney General failed to take into account the
relationship that existed between the Rochela Massacre and the case of the disappearance
of the 19 tradesmen. As a result, the Office of the Attorney General excluded two individuals
from the investigation. In the case of Luis Alfredo Rubio Rojas, a member of the ACDEGAM
board of directors, the Office of the Attorney General found that an investigation of a
member of the ACDEGAM board of directors for the acts of that group “has no connection
with the multiple homicides under investigation in the [The Rochela massacre]
proceedings.” Consequently, it ordered that the respective investigation should be
conducted separately.153 In another case, when revoking the charges against retired Major
Oscar de Jesús Echandía, the Regional Director of the Prosecutor’s Office [Dirección
Regional de la Fiscalía] found that the massacred Judicial Commission “was not investigating
the disappearance of the 19 tradesmen,” and therefore ruled out that the motive of the
Rochela Massacre was to seize the case file on the disappearance of the 19 tradesmen,
together with the related evidence, from the Judicial Commission.154
163. The Court observes that, instead of diligently investigating these systematic patterns
during 18 years of criminal proceedings, there were at least seven attempts,155 in 1990,
1999, 2000, 2001, 2005 and 2007, to identify approximately 100 individuals who had an
“alias” name or whose role in the ACDEGAM paramilitary operations was unclear. Moreover,
attempts were only made to identify low-ranking officers of the security forces.156 Added to
the fact that these efforts have evidently been fruitless, they have had no relation to an
inquiry into the responsibility of those military and paramilitary commanders who had been
clearly identified.
153
Cf. resolution of April 7, 1997, issued by the National Human Rights Unit (record of evidences to the
application, evidence A26, pages 261 and 266).
154
Cf. preclusion resolution of February 18, 1998, issued by the Delegated Prosecutor for the National
Tribunal [Fiscalía Delegada ante el Tribunal Nacional] (record of evidences to the application, evidence A29, pages
310 and 311).
155
Cf. judgment of November 14, 1990, delivered by the Sentencing Chamber of the Superior Court of Public
Order (record of evidences to the application, evidence A32, pages 489-503, 523-525); report No. 00266 of
January 18, 2000, issued by the Information and Analysis Section [Sección de Información y Análisis] of the
National Attorney General’s Office addressed to a prosecutor in the Armed Forces serving with the Unit of the
Delegate Prosecutor to the Specialized Criminal Circuit Judges [Fuerzas Militares de la Unidad de Fiscalía Delegada
ante los Jueces Penales del Circuito Especializados] (file of evidences to the Commission’s application, evidence
A38, pages 778-780); resolution of April 12, 2000, issued by the Terrorism Sub-Unit of the Delegate Unit to the
Criminal Circuit Courts (record of evidences to the application, evidence A39, pages 783 and 784); resolution of
April 9, 2001, issued by the Unit of Delegate Prosecutors to the Specialized Criminal Circuit Judges C.T.I. National
(record of evidences to the application, evidence A43, pages 793 and 794); resolution of February 11, 1999, issued
by the Terrorism Unit (record of evidences to the application, evidence A37, pages 771-776).
156
Cf. resolution by the Office of the Fourteenth Specialized Prosecutor for the National Human Rights and
International Humanitarian Law Unit (record of evidences to brief containing pleadings and motions, volume VI,
evidence 56, pages 3587 and 3588); and affidavit given before a notary public on January 19, 2007 by Héctor Cruz
Carvajal (record of witness statements and expert reports, volume III, page 7659).
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