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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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