54
that after the statements taken and on-site inspection visits conducted, “it is concluded that there are
indications in the body of evidence gathered that implicates members of the National Army, which
constitutes a very grave offense against International Humanitarian Law, as well as a violation of internal
disciplinary rules.” 302
172. On June 19, 1998, the Deputy Inspector for Human Rights said that “there is no direct or
indirect evidence in the case file record of disciplinary responsibility of the Public Security Forces.” He
noted that the testimonial evidence introduced “is timid if not general and confusing with regard to
responsibility for the acts and it is understandable out of fear of retaliation and social panic.” He noted
that the case file must be closed but that first it was necessary to conduct a search to locate “the exact
site where the military troops were at the time when the disappearances occurred.” He also requested
information from the office of the Attorney General of the Nation about the status of the criminal
investigations under way with regard to the facts.303
173. On July 22, 1998 the National Coordinator of the National Directorate of Special
Investigations of the Sectional Office of Antioquia of the Office of the Inspector General of the Nation
noted that ”it was impossible to comply with the order.” 304.
174. On September 11, 2000, the Deputy Inspector for Human Rights issued an order to close
[the case] without prejudice noting that “it cannot be solved in a disciplinary matter if there is no legally
produced evidence that leads to the certainty of the offense (…) and responsibility of the disciplined
individual (…).” On this score, he asserted with regard to the alleged victims that since the time of the
incidents “these persons where ‘missing,’ and it was unknown whether it was because of an abduction,
a forced disappearance or a voluntary or involuntary civil disappearance.” He noted that because “no
further evidence exists” and because of the “professionalism (…) of its perpetrator or perpetrators” so
that “nobody would ever again learn or know of their existence and whereabouts,” he ordered that a
disciplinary proceeding should not be brought.305
Disciplinary Matters Deputy Inspector for Human Rights. Public Ministry for Judicial Oversight (Ministerio Público). Pages 105106. Compact disk attached to petitioners’ communication of July 12, 2010.
302
Annex 22. Order from the National Directorate of Special Investigations – Human Rights Unit, signed by its director
Alberto Morales Tamara, dated August 27, 1997. Case File No. 008-10799-98. Office of the Disciplinary Matters Deputy
Inspector for Human Rights. Public Ministry for Judicial Oversight (Ministerio Público). Pages 257-258. Compact disk attached to
petitioners’ communication of July 12, 2010.
303
Annex 22. Official Letter from the Deputy Inspector for the defense of human rights, Jesús Gómez López, dated
June 19, 1998. Case File No. 008-10799-98. Office of the Disciplinary Matters Deputy Inspector for Human Rights. Public
Ministry for Judicial Oversight (Ministerio Público). Pages 262-264. Compact disk attached to petitioners’ communication of July
12, 2010.
304
Annex 22. Official Letter No. DNIE 908-1 from the National Coordinator of the National Directorate of Special
Investigations, Sectional Office of Antioquia of the Office of the Inspector General of the Nation, José de Jesús Díaz Moncada,
dated July 22, 1998. Case File No. 008-10799-98. Office of the Disciplinary Matters Deputy Inspector for Human Rights. Public
Ministry for Judicial Oversight (Ministerio Público). Page 276. Compact disk attached to petitioners’ communication of July 12,
2010.
305
Annex 22. Order to archive without prejudice, issued by the Disciplinary Matters Deputy Inspector for Human
Rights, Jesús Gómez López, dated September 11, 2000. Case File No. 008-10799-98. Office of the Disciplinary Matters Deputy
Inspector for Human Rights. Public Ministry for Judicial Oversight (Ministerio Público). Pages 318-322. Compact disk attached to
petitioners’ communication of July 12, 2010.