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The Blanquicet case
EOn
22 September, 1993, in the Blanquicet municipal rural district of the
municipality of Turbo, in the Urabá region of the department of
Antioquia, members of the Colombian Army presumably killed Carlos-Manuel
Prada and Evelio Bolaño, members of the demobilized guerrilla group
Socialist Renovation Current -CRS-. The incident happened at a moment
in which they were being "reinserted" -or admitted back into
civilian life.
The criminal process was conducted by the military justice system. The
defendants, a captain, a sergeant and a number of soldiers, were acquitted
by a court-martial. The civil cases' party was requested that this decision
be declared invalid for having been made outside jurisdiction and later,
in 1998, applied for the process to be transferred from the military justice
system to the ordinary system, in accordance with Constitutional Court
Ruling C358 of 1997. The application was refused. An appeal was filed
against this decision; the High Military Court affirmed it. The Human
Rights Unit of the Office of the Prosecutor General requested the process
to be assigned to it, on the grounds that the case is under its jurisdiction.
A decision from the Supreme Judiciary Council is now pending.
Disciplinary proceedings conducted by the Attorney General's Office ended
in 1998 with a formal request that those involved be removed and dismissed
from the Armed Forces. The Attorney General turned down an application
for this decision to be reversed. Evidence is now being produced and assessed
in the case against the State. The case has been laid before the OAS'
Inter-American Commission on Human Rights, which has accepted a proposal
for an out-of-court settlement, on condition that the criminal military
investigation is transferred to the ordinary justice system .
Illegal Roadblock "lucky
dip"
on the Llanos Road
On
24 March, 1998, at a place called Monterredondo, on the road from Bogotá
to Villavicencio, the FARC's 53rd Front stopped all traffic for several
hours at an illegal roadblock set up by them. The guerrillas put into
practice a kidnapping system known as "Pesca Milagrosa" (lucky
dip), in which they detain all travelers who happen to arrive at that
point and then proceed to pick a number of them for kidnapping. Their
release is subsequently negotiated. Over one hundred vehicles were stopped
and 27 people were kidnapped, including three minors and a number of foreigners.
Four peoples have been record as disappeared. Three people died and several
more were injured in the ensuing confrontation between the guerrillas
and the Army. The guerrillas released three days later nine people. Six
more were set free through mediation, and another one managed to escape
from their captors.
In the preliminary hearing on this case the members of the FARC's 53rd
Front were linked to the process, among them Henry Castellanos-Garzón,
alias "Romaña", Braulio González-Acosta and Blas-María
Reyes-Beltrán. The latter surrendered to the Office of the Prosecutor
General and was taken into custody at a military base. A Bogotá
prosecutor ordered the arrest of those accused, charging them with a variety
of crimes concurrently committed, including aggravated kidnapping for
extortion, illegal carrying of weapons reserved for the armed forces,
and aggravated homicide. "Romaña" was declared defendant
in absentia and his arrest was ordered. The decisions were appealed against
but were later affirmed in the second instance by the Attorney General's
Office Delegate for the Higher District Court. Reyes was committed to
prison .
FOLLOW-UP
OF CASES
This
section records the steps taken by the judicial authorities in the
processes regarding the cases included in previous issues of this
Newsletter.
CASE
Eduardo Umaña, Newsletter No. 1, June 1999
The Office of the Prosecutor General laid indictment against three
individuals, currently in custody, for conspiracy to commit crimes.
An indictment was laid against a fourth person for homicide for
terrorist ends. An investigation of another person, who was in custody,
was precluded.
Barrancabermeja
massacre, No. 1, June 1999
In the investigation conducted by the Attorney General's Office,
the decision at first instance is currently being notified.
Mapiripán,
No. 2, July 1999
General Jaime-Humberto Uscátegui's dismissal from service
was approved by presidential decree, with effect from December 31,
1999. The process, to which a lieutenant was also linked, has been
laid before the military justice system by decision of the Supreme
Judicial Council. General Uscátegui was released from prison
through expiration of legal terms in the military justice system,
further to an assessment of proceedings. The general was subsequently
removed from his job by the Office of the Attorney General for reasons
pertaining to another case.
As regards the legal situation of the corporal who was linked to
the Mapiripán investigation, he was cleared by the Office
of the Prosecutor General, who decided not to proceed with his case.
The Office of the Prosecutor General issued an indictment against
the lieutenant, currently under arrest, for conspiracy to commit
crimes, omission, aggravated homicide, aggravated kidnapping and
terrorism. In November 1999 four people are under arrest. Two further
arrest warrants have been issued.
Puerto
Alvira massacre, No. 2, July 1999
Occurred on May 9 1998
The Human Rights Unit of the Office of the Prosecutor General ordered
Fidel and Carlos Castaño, leaders of a self-defense organization,
to be linked in absentia to the investigation. Four other men were
also linked to it. It was ordered that they were arrested without
bail, on charges of aggravated homicide, robbery, conspiracy to
commit crimes, and terrorism. A further process was initiated against
three people for their alleged membership in illegal armed groups.
Machuca
No. 3, August 1999
The Human Rights Unit of the Office of the Prosecutor General ordered
Nicolás Rodríguez, alias "Gabino", and Herlington
Chamorro, alias "Antonio García", ELN guerrilla
group commanders, to be linked to the investigation on charges of
terrorism, rebellion, homicide, and grievous bodily harm. The Unit
also issued an arrest warrant against another member of the ELN,
and order three other people to be linked to the case in absentia.
On the continuation of its investigations, the Office of the Prosecutor
General laid indictment against one man, and later on ordered another
one to be remanded in custody. He was indicted in absentia for the
crimes of terrorism, conspiracy to concurrent crimes, rebellion
and manslaughter.
Jorge
Ortega, No. 3, August 1999
The Office of the Prosecutor General ordered two individuals to
be linked to the process, on a charge of aggravated homicide for
terrorist ends. They are to be arrested without bail. One of them
is in prison.
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