E/CN.4/2000/9
page 59
indicated that following preliminary investigations, Infantry Battalion No. 37
of the Presidential Guard had refrained from bringing charges on the grounds
that "the disciplinary regulations for the armed forces had not been infringed,
the investigation having failed to establish the occurrence of the alleged event
or the responsibility" of agents of the State.
269.
Argeidis Cáceres Arciénaga, aged 14, was reportedly tortured by members
of Mobile Brigade No. 2 on 19 November 1994 (see E/CN.4/1997/7/Add.1, para. 91).
The Government indicated that according to an official communication from the
General Command of the Armed Forces dated 28 October 1997, no charges had been
brought, but preliminary investigations would be undertaken. The Government
provided the same response on the case of Edy Enrique Goes Luna, also a minor,
who is said also to have been tortured by members of Army Mobile Brigade No. 2
on 12 February 1995 (see E/CN.4/1997/7/Add.1, para. 93).
270.
Marco Albeiro Valencia Duque was allegedly detained and tortured by
members of the National Police and Armed Forces on 21 September 1995 (see
E/CN.4/1997/7/Add.1, para. 90). The Government indicated that during the police
disciplinary investigation, insufficient proof had been found to clarify the
facts and identify those responsible.
271.
Hermes Elí Quintero and Huber Arévalo are said to have been tortured by
members of Army Mobile Brigade No. 2 on 13 August 1994 (see E/CN.4/1997/7/Add.1,
para. 88). The Government stated that preliminary inquiries had failed to
identify the State officials allegedly tied to the event. The same response was
sent to the Special Rapporteur concerning the following persons: Marcelo Florez,
Luz Marina Ríos and Jairo Gallo.
272.
Alberto Castillo López was allegedly tortured and murdered by military
personnel attached to the Luciano D'Elhuyar and Los Guanes Battalions together
with a number of paramilitaries on 26 November 1994 in Simacota, Santander (see
E/CN.4/1997/7/Add.1, para. 92). The Government indicated that disciplinary
proceedings against an army lieutenant were being carried out by the Office of
the Attorney-General of the Nation. The Government gave the same response
concerning another alleged victim mentioned in the proceedings, Aleixir Orozco
Hernández.
273.
Dora Inés Sánchez is reported to have been tortured by military personnel
of Los Guanes Counter-guerrilla Battalion No. 5 in Sabana de Torres, Santander,
on 7 January 1995 (see E/CN.4/1997/7/Add.1, para. 99). The Government indicated
that an investigation was being carried out by the commander of the battalion.
274.
Leonidas Basto Goyeneche was allegedly tortured by military personnel of
Los Guanes Counter-guerrilla Battalion No. 5 on 4 February 1995 (see
E/CN.4/1997/7/Add.1, para. 101). The Government provided information on progress
in the disciplinary investigation being carried out by the Inspectorate General
of the Armed Forces, which was still under way.
275.
Jaime Gavarito Tirado, a minor, is said to have been tortured by members
of a paramilitary group in Betulia, Santander (see E/CN.4/1997/7/Add.1,
para. 79). The Government indicated that a criminal investigation was being
carried out by the appropriate prosecutor's office.
276.
Antonio Vicente González Cogollo, Jorge Gutiérrez and others were
allegedly tortured by staff of the military base at la Plata, Bermeja. According
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