memorandum of justification concerning human ... - Just the Facts

UNCLASSIFIED
- 91 -
Annex B: Indictments by the Prosecutor General’s Office
Between June 16, 2008, and June 15, 2009, 52 the Colombian government reported
that the Prosecutor General‘s Office indicted 102 military personnel (resoluciones de
acusación), who were involved in 11 cases of alleged human rights violations, and
initiated trial proceedings against them in civilian courts (the count of the list below
varies from the total number of individuals detained as some individuals are listed under
multiple cases):
A. On December 26, 2008, the Prosecutor General‘s Office indicted (1) Army General
(retired) Rito Alejo del Rio as the material author for the aggravated homicide of
Marino Lopez Mena. On February 24, 1997, the ―Elmer Cardenas‖ paramilitary bloc
entered the town of Bijao, municipality of Riosucio (Chocó) and frightened and
bombarded the residents in what came to be known as ―Operation Genesis.‖ During
the operation, Marino Lopez Mena, was allegedly beheaded and his head was
allegedly used as a soccer ball by paramilitary members.
B. On October 31, 2008, the Prosecutor General‘s Office indicted two Army soldiers on
charges of criminal conspiracy, terrorism, and aggravated homicide. The case is with
the 1 st Penal Specialized Circuit Court in Antioquia, and a hearing was scheduled for
June 4, 2009. (Description of case not available) (Prosecutor General‘s Office Case
Number 525)
(1) Army Soldier Everado Bolaños Galino
(2) Army Soldier Germán Antonio Alzate Cardona
C. On January 26, 2009, the Prosecutor General‘s Office formally charged ten soldiers
from the Army‘s 47 th Infantry Battalion (―General Francisco de Paula Vélez‖)
assigned to the 17 th Brigade with homicide of a protected person, barbaric acts, and
aggravated criminal conspiracy for their alleged participation in the February 20-21,
2005 massacre of eight people at San José de Apartadó (Antioquia). (Prosecutor
General‘s Office Case Number 2138)
(3) Army Lieutenant Colonel Orlando Espinosa Beltran
(4) Army Major José Fernando Castaño López
(5) Army Lieutenant Alejandro Jaramillo Giraldo
(6) Army Second Sergeant Ángel María Padilla Petro
(7) Army First Corporal Sabarain Cruz Reina
(8) Army Sergeant Jorge Humberto Milanes Vega
(9) Army Second Sergeant Henry Agudelo Guasmayan Ortega
(10) Army Third Corporal Ricardo Bastidas Candia
52 Time frame available as of July 31, 2009.
UNCLASSIFIED