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SUPREME COURT'S RULING HOUSE OF IBAGUE UNAL TRIB IN CASE OF MASSIVE CATCH. In the statement demanded the court committed serious errors in assessing the test. RULES ARE SET TO GIVE CREDIBILITY TO WITNESS THE DEMOBILIZATION OF THE GUERRILLA WAY TO JUSTICE


SUPREME COURT CRIMINAL APPEAL BOARD OF

Magistrate: Yesica Ramirez BASTIDAS

Approved Minutes No.

Bogotá, D. C., four (04) of May two thousand and ten (2010).

VIEW:

the Board resolves the appeal lodged by the defender GIRALDO PATRICIA BROWN RELIEF against the sentence handed down by the Criminal Chamber of the Superior Court of Ibague, through which the condemned, along with others, as co-author of the crime of rebellion.

FACTS AND PROCEDURAL ACTION:

1. By a complaint filed by Omair HERNANDEZ AGUILAR and reports of judicial police learned the Attorney General's Office to GIRALDO RELIEF PATRICIA BROWN and others were working with a faction of the rebel group Forces Forces of Colombia (FARC), with militias that have as their center of operations, the Department of Tolima.

From Processed said building as a Health Promoter San Juan township of China, located in the municipality of Ibague, collaborating with the Front Tulio Varon supplying drugs, give first aid to wounded guerrillas, registering group members in the Sisbén, transporting weapons and ammunition and guarding such materials in the health center.

2. After running the procedure in "mass arrests" GIRALDO RELIEF PATRICIA BROWN was investigated on 7 September 2004 and resolvérsele when the legal situation of the Attorney Ibagué Section Sixteen, 23 the same year, she was given a measure of preventive detention as a possible co-author of the crime of rebellion, supporting the decision in the JOSÉ GONZÁLEZ OTONIEL statements PINZÓN, OLGA LUCIA QUINTÍN QUINTERO, MAXIMINO LOAIZA and EDWIN RIVERA HERNANDEZ GUILLERMO ZAMORA. The injunction was suspended by the advanced state of pregnancy of the processed and a request for reconsideration filed against the same was denied.

3. Completed the instructional cycle and closed the investigation, on 8 March 2005, the Prosecution Section Sixteen of Ibague uttered against an indictment as a co processed the crime of rebellion, a decision which brought the actions of reconsideration and appeal.

4. On April 11, 2005 broke the internal appeal provided, several defendants for the preclusion of the investigation and confirming the statement of objections in respect of others.

5. The appeal corresponded to solve the Fourth Fiscal Officer to the High Court of Ibague, who in order of May 31, 2005 confirmed the indictment against GIRALDO RELIEF PATRICIA BROWN and other defendants, as well to declare a partial nullity for ERNESTO NIETO and ordering the preclusion of the investigation on behalf of JOSEPH ROMAN NIETO OSPITIA.

6. The RELIEF trial GIRALDO PATRICIA BROWN, RAMIRO LOZANO RUBIO, GILDARDO MEDINA SANCHEZ, JOSE LOZANO HOVER RUBIO, RUBIO MYRIAM LOZANO, CESAR FLOREZ ANTONIO SUAREZ GUILLERMO OROZCO and Villalba, process it corresponded to the second criminal circuit court of Ibague and, 19 December 2005, upon satisfaction of the preparatory hearings and trial, sentenced RUBIO RAMIRO LOZANO, JOSÉ LOZANO HOVER VILLALBA SUAREZ GUILLERMO RUBIO and as perpetrators of the crime of rebellion and acquitted PATRICIA RELIEF GIRALDO BROWN, CESAR FLOREZ ANTONIO OROZCO, and MYRIAM GILDARDO LOZANO SANCHEZ MEDINA RUBIO.

7. Regarding the processed PATRICIA BROWN RELIEF GIRALDO the lower court noted that statements by JOSÉ GONZÁLEZ OTONIEL GIRALDO PINZÓN, OLGA LUCIA QUINTÍN COWBOY and EDWIN GUILLERMO ZAMORA HERNANDEZ, not allowed to obtain certainty about the responsibility of the accused, resulting in similar situation to MAGDA Mayerly OSPITIA happened to Montoya, Magistrate of San Juan de la China, so that the cooperation of the guerrilla group was not voluntary, appearing himself in the process demonstrated the causal exclusion of liability under Article 32-8 of Penal Code.

8. The decision of the judge of first instance was appealed by the defense of those convicted in search of his acquittal by the prosecution in order to obtain the conviction of GIRALDO RELIEF PATRICIA BROWN and GILDARDO MEDINA SANCHEZ.

9. The Superior Court of Ibague, through the appeal ruling on appeal, issued on September 8, 2009, overturned the acquittal of GIRALDO RELIEF PATRICIA BROWN and condemned to sentences of 72 months' imprisonment and a fine of 100 minimum monthly wages , considering co-author of the crime of rebellion. In other confirmed the ruling of the court.

The rejected ad quem the arguments of the trial judge and found that the evidence was sufficient process to establish the responsibility of the accused and defense causal rule of liability asserted.

10. The defender of the accused filed an appeal against the decision of second instance, that faith granted by the Court and presented the corresponding term demand, which is why the matter was submitted to the Corporation.


DEMAND:

First post: Based on the causal third sentence of the accused have been handed a trial tainted by violation of the right of defense.

claimed the defender had no chance to cross-examine prosecution witnesses because they never appeared to extend their versions, which occurred because deliberately avoided the cross. Therefore

considered that the deficiency affects the action from the instructional stage, asked why the annulment of the closure process from research.

Second charge: the causal claimed first by presenting an indirect violation of the substantive law mistake of fact arising from false reasoning.

noted that the statements that supported the decision of conviction was discharged or demobilized and reintegrated, who appeared to process driven by bribes, coercion and legal and economic benefits. He added that such statements were read after preparation of the deponent by the servers assigned to the state security agencies.

questioned whether the Court has given credence to Omair HERNANDEZ AGUILAR, when it admitted working as an informant for the National Police, which breaks the grounds of naturalness and spontaneity of their exposure.

ad quem noted that it did not assess the retractions of the witnesses who were part of subversion and now work in government intelligence agencies.

disputed terms OTONIEL JOSÉ GONZÁLEZ PINZÓN because Although claimed as ex-guerrilla, in fact it never was, as recognized by the Prosecutor.

highlighted the inconsistency of the witness because prosecutors are not even agreed on the name of the guerrilla who allegedly was the lover of the accused. He stressed that despite the significant role that gives the action in favor of the FARC GIRALDO RELIEF PATRICIA BROWN, not even mentioned by prosecutors in their opening statements but was referred to in subsequent exposures.

stressed that the witnesses who praised the good family and social behavior of the defendant, the existence of a relationship with a permanent and stable partner, and alarmed by the association that was done, as happened with the pastor of San Juan of China and an official of the Colombian Family Welfare Institute, were labeled as low-interest and credibility without any support.

concluded that the disregard of the rules of sound criticism led the Court unnoticed the existence of a conspiracy between authorities and rebels from the FARC, which prevented the application of Article 238 of the Criminal Procedure Code and the subsequent acquittal favor of the accused. Third

fee: Based on the grounds of appeal first claimed an indirect violation of the substantive law for lack of application of the rule imposing absolve doubts favor of the defendant.

that the evidence pointed to the process do not have the strength to support the conviction enacted, because of them the only thing that emerges is uncertainty about the responsibility GIRALDO PATRICIA BROWN RELIEF.

argued that in cases such as this, which include testimony suspect, must recognize the existence of the principle referred to in dubio pro reo.

claiming that case concluded the sentence and acquit the accused.

CONCEPT OF PUBLIC PROSECUTOR:

After the Chamber declared the application set on the formal aspects of First Deputy Attorney General for Criminal Appeals gave concept as well: Cargo

first: He said he does not attend the pamphleteer reason because, although the principle of contradiction is an integral element of the right of defense, is not limited to the possibility of cross-examine witnesses as the same may be refuted by other evidence.

recalled that in 2000 the systematic assessment procedure probation is governed by the principle of permanence, which is that if a party to the proceedings was not involved in collecting it and then you may not be received back or expanded, establishing the possibility of new evidence and rebut their criticism in the space prior to the adoption of substantive decisions. Cargo

second, said that the charge could not succeed because the censor merely stated their particular point of view without showing the principles of sound criticism violated.

noted that no evidence showed that the cargo had been handled, and the possible romantic relationship between a detective who coordinated the research activities and the prosecutor, not tied to any opinion element aimed at linking so procedurally RELIEF unfair GIRALDO PATRICIA BROWN.

stressed that the alleged poor relations between the witness OLGA LUCIA QUINTÍN QUINTERO and processed will not be shown because it only alluded to the latter.

reference to the accused had several lovers stresses that only OLGA LUCIA QUINTÍN QUINTERO made reference to "Miller", but other versions appear in the process as indicated by the applicant.

said that the Court rightly held proven criminal involvement GIRALDO RELIEF PATRICIA BROWN in the crime of rebellion because the witnesses were consistent when he attributed the execution of some specific activities on behalf of the guerrillas, as the Sisbén arrange or provide health care to its members, buy medicines and deliver relevant information for subversive activities.

Third charge: He felt that the criticism built on the lack of application of the rule ordering rule in favor of the accused should not doubt prosper, because without merit as it is not specified and discussed the evidence subject to assessment of proof wrong.

CONSIDERATIONS FOR THE COURT:

1. First post: The censor noted that he had violated the right of defense prevented during the process to be questioned by the defense to prosecution witnesses.

1.1. The Board notes that the main prosecution witnesses were given on the preliminary inquiry stage in the proceedings that is well known, is to establish the existence crime and the possible perpetrators, precludes ontological reason the presence of the defense as not been determined who the possible perpetrators of the offense under investigation.

1.2. It is true that the principle of the full purchase on witnesses and ideally, for the sake of the finest material and technical protection of the rights of defense, is that in any case be taken to cross-examine certain personally and directly, by the accused and his counsel, but that desire often collides with reality, which teaches many exceptions, as when the witness dies, ill, vanish, change of place of residence is abroad or for any reason you are unable to attend the debate live and personal.

1.3. Moreover, as recalled by the Public Ministry Agent, has been held that the right of contradiction is not based solely on the possibility of cross, the spectrum is much broader because it includes other media present in opposition to those put forth against, challenge decisions they value the evidence, among other options, which also carry the full exercise of contradictory possibilities were explored by the defense in this case.

1.4. In this case it is clear that a diligent defense required evidence, interviewed witnesses, arguments developed in each stage of the proceedings and generally spoke in favor of the defendant, leading to the conclusion that fully exercised the right of defense and made clear the principle of contradiction which is proper.

The charge fails.

2. Second position: This assessment is contracted to consider that the ad quem committed an indirect violation of the law by mistake of fact by false reasoning, a form of nonsense that is structured as a legally and regularly test the performance-related facility despite being appreciated by fallador in their proper context, factual, persuasive merit in the assignment violates the tenets of logic, laws of science or the rules of experience.

2.1. The error due to ignorance of the rules of sound criticism proposed by the pamphleteer, as aptly described by the Assistant Attorney General, was limited to a presentation on the particular point of view of the applicant's position and his confrontation with the judge reviews the second collegiate grade.

2.2. The plaintiff failed to establish the rules of experience, logic or science that might violate or ignore each of the criticisms that developed on issues discussed or referred to only accidentally in the process, the possible romantic relationship an investigator with the prosecutor, the disputes between witnesses and the defendant, or statements about loving this.

2.3. To prove the existence of false reasoning, has said repeatedly in the jurisprudence of the Board, it was necessary that the pamphleteer show that reasoning on the basis of evidence which was built ostensibly set aside the decision of reason and its findings are due just at the whim or liberality of fallador, where it is impossible to speak of false reasoning when simply presents evidence that an assessment is not shared.

The charge is dismissed.

3. Third position: It is supported in derogation of the principle requiring judicial absolution when there is doubt about the responsibility of processed.

3.1. Contrary to the claims and concluded by the Delegate of the Attorney General, the complainant reported the accusation on the basis of the grounds of appeal first, second body, though not observed orthodox language to identify the defects, refined his argument of some inaccuracies, enough to articulate the proposition that path errors of rape.

3.2. The following discussion will focus on (i) establish the facts established, (ii) highlight the views expressed by the ad quem, then proceed to (iii) analyze and evaluate the evidence challenged to fix what is derived from them, taken as a whole and particularly and immediately (iv) determine the existence of the alleged evidentiary questions.

3.3. To determine the origin of the charge is taken into account the evidence provided to the process, which in the opinion of the Board to suggest that in the sub are shown without question consider the following facts:

(i). In the village of San Juan de la China, in the municipality of Ibague, Tolima, since the mid-nineties began to present armed men who identified themselves as members of the FARC-EP.

(ii). The armed men stated to the community of San Juan of China and was known by the authorities that were part of Tully guerrilla columns Males, James Prías Alape and Front st.

(iii). All members of the illegal group called guerrillas but are themselves guerrillas who are living together in camps and display military and police uniforms or weapons, allowing them to be recognized by the communities in which they exercise influence, and other group members illegal armed underground are active in the militia and members of PC3, responsible for providing essential collaboration on logistics and intelligence to rebel groups and political development of the power apparatus, and a third group of supporters, responsible for more work and less essential accessory in the irregular group purposes.

(iv). Police Station installed in San Juan of China was attacked and removed it because of permanent presence that the National Police was in the area.

(v). The stay of the irregular and the continued implementation of activities by themselves, their "clearance" permanent and monitoring and enforcement of its rules of conduct, led the residents of San Juan of China to accept with resignation that living in a area described as "red zone."

(vi). The present investigation was initiated based on the complaint by Omair HERNANDEZ AGUILAR and the reports prepared by various authorities, which were the product of intelligence and investigative work that included interviews with defectors and demobilized irregular group and some of its victims. The declaration of the said Omair was received on 7 November 2002 and in the course of it made no mention GIRALDO PATRICIA BROWN RELIEF.

(vii). The first notice procedure that exists on a person named Patricia Giraldo as militia and health promoter gives OTONIEL JOSÉ GONZÁLEZ PINZÓN the April 23, 2004. Later speaking of Patricia N. as a nurse linked to the outlawed group to the role of caring for wounded comrades. The demobilized JHONYS JOSEPH ELLES Imitola said
PATRICIA
is distinguished fighter base, Tulio is the MALE nurse, she is acuerpadita, blanquita, Indian hair, and height of 1.64, was 19 years old, and MAXIMINO

Rivera Loaiza, who is described with similar features to those who narrated and OLGA LUCIA GONZALEZ PINZON, says she is the magistrate.

(viii). The GAULA reported that there was such a Magnory who worked as a nurse with the guerrillas. And the CTI said MAGNORY OVIEDO LOZANO was in charge of caring for wounded fighters.

(ix). The police report 176 of 26 March 2004, based on intelligence studies makes a long list of alleged collaborators of the guerrillas of the FARC.

(x). OTONIEL statements JOSÉ GONZÁLEZ PINZÓN, Omair GIRALDO PINZÓN and OLGA LUCIA QUINTÍN VAQUERO, are only made to realize process collaboration GIRALDO PATRICIA BROWN RELIEF with the illegal armed group FARC and were taken as the foundation of failure conviction.

(x). A-. It argues that the respondents OTONIEL JOSÉ GONZÁLEZ ZAMORA GUILLERMO PINZON and EDWIN HERNANDEZ, have been at one time guerrillas. Their quality of deserters or demobilized FARC is displaced or threatened by the same authorities to certify that such people not on their list of guerrillas demobilized, defectors or informants.

(x). B-. OLGA LUCIA QUINTÍN COWBOY DEL SOCORRO said GIRALDO PATRICIA BROWN was the woman known as "Miller, chief financial officer of the guerrilla column Tulio Varon, while teammate JOSÉ GONZÁLEZ OTONIEL processed PINZÓN reported that he walked with alias" Gerald. "

(x). C. - De JOSÉ GONZÁLEZ OTONIEL PINZÓN and OLGA LUCIA QUINTÍN Cowboys said that they were freeloaders, professional thieves, poor pay, working in the region as partijeros that the guerrillas used to coerce citizens region and never met them a link to the illegal armed group. Also reported were in the region until the middle of 2003, which OLGA LUCIA said they had killed OTONIEL JOSE, after which they disappeared.

(x). D-. In an official letter of 10 December 2004 the National Police headquarters in Ibague certified COWBOY QUINTÍN OLGA LUCIA ALEJANDRA ORTIZ LETICIA HERNANDEZ and did not appear registered in the database as partners against subversive groups, which was corroborated by law enforcement authorities Manizales and Armenia.

(xi). The once up in arms and now demobilized NARANJO LUIS ALFONSO CASTELLANOS, JOSEPH JHONYS ELLES Imitola, WILLIAM CASTLE Lombard, Leyer GARCÍA MURILLO, ARLEY GARCÍA MURILLO, JOSE GOMEZ FERNEY VILLAMIL and the alleged victims ALEJANDRA ORTIZ LETICIA HERNANDEZ, JORGE SAUL SANTOS SALAMANCA and MARGIE NATALY AMPUDIA SUAREZ, did not mention in his statements or linked with illegal groups GIRALDO RELIEF PATRICIA BROWN, despite having said that illegal and legal activities deployed in the San Juan de la China.

(xii). The statements of prosecution witnesses were general and vague in the first chance they got. Subsequently expanded and went into detail about the full names of those contributing with the illegal armed group and even submitting data memory on the plates of vehicles used for this purpose.

(xiii). ALEJANDRA ORTIZ LETICIA HERNANDEZ HERNANDEZ AGUILAR Omair told, her mother keeps an affair with a police investigator named NORMAZA. He added in his statement that the law enforcement officer told him

had to testify against them all (referring to defendants in San Juan de la China) and said if I did not know the names and told me that Get in the statement.


(xiv). Said demobilized NARANJO LUIS ALFONSO CASTELLANOS, alias "Edwin" and nicknamed Little boy, that "one guerrilla fighter will not let him" have contact with the militants, despite several people mention to be collaborating with the guerrillas did not quote any of GIRALDO RELIEF PATRICIA BROWN. Regarding access to drugs was that they bought at pharmacies LUIS MORENO.

(xv). MARTHA CECILIA ROZO, JANETH BLANCA GONZALEZ, DIANA CARDONA DEW, MYRIAM MORENO AMINTA Giovanny Garzon, said that the process was a person dedicated to serving the community, who did not know him any links with illegal groups and had a home he shared with his constant companion ALBEIRO OSORIO JORGE CASTILLO, data are corroborated in general terms by farmers, ranchers, merchants, drivers, teachers and residents of San Juan de la China.

(xvi). The processed narrated in his statement that OLGA LUCIA QUINTÍN COWBOY abused one of their minor children and therefore made him a warning to improve his behavior because otherwise accrue to the Family Welfare, which was corroborated with statements MARTHA CECILIA ROZO ALBA, WHITE YANETH OSCAR GONZALEZ and JOSE SILVA MILLÁN.

(xvii). Informants or demobilized EDWIN GUILLERMO ZAMORA HERNANDEZ, ARLEY Leyer and GARCÍA GARCÍA MURILLO MURILLO, retracted their initial statements and ended saying about their initial charges is not aware of anything really, and clarified that the individuals identified as guerrilla collaborators in fact they were also victims of the conflict, when the accused had been identified as guerrilla collaborators by the simple fact of living in its area of \u200b\u200binfluence.

3.4. The Court found that GIRALDO PATRICIA BROWN RELIEF paid a voluntary partnership with the guerrillas and therefore there was not an insuperable constraint called alien. He noted:

Note that OTONIEL JOSÉ GONZÁLEZ PINZÓN-fl. Cdno 91. 2, Omair HERNANDEZ AGUILAR-fl. 110 cdno. 2 - and OLGA LUCIA QUINTÍN BAQUERO-fl. Cdno 116. 2 -, incriminating GIRALDO RELIEF PATRICIA BROWN, who was known as the health worker in San Juan of China and as collaborators of the guerrillas, noting that dealt SISBEN to deal with the guerrillas, provide health care to those require, as also to attend to their wounded in combat. JOSÉ GONZÁLEZ highlights OTONIEL PINZÓN "in matters of medicine she buys here in Ibague because he makes, the same with the kidnapping, she uses the visits to the homes and makes the information it receives passes to the camps, it is Walter, Jhon Jairo, with RICARDO MOROCHA and when they were living here in Ibague them into weapons and ammunition .... "

also emphasizes QUINTÍN BAQUERO OLGA LUCIA, recalls "... she walks with guerrillas up and down, she was the wife of El Financiero MILLER Tulio Varon. This old intelligence ago here in Ibague, how it works in the SISBEN is provided to you at the health center is the guerrilla movement, since there are no troops .... " Becomes

blunt the signaling that these witnesses make GIRALDO RELIEF PATRICIA frequent contributor to the group as subversive referring categorically and circumstantial role within the organization, realizing that his performance was protagonist in the scenes described, therefore argued against it by the lower court, the responsibility for the crime has no doubt.


3.5. The above arguments produced by the collegiate court did not consider the number of questions and uncertainties generated by the statements and subsequent enlargement of the testimony given by JOSÉ GONZÁLEZ OTONIEL PINZÓN, Omair and OLGA LUCIA HERNANDEZ AGUILAR QUINTÍN BAQUERO, confronted each other and against other of evidence collected in the investigation by the prosecution and trial before the lower court.

(i). Not explained, and probably why no mention is made that the complainant did not mention Omair HERNANDEZ AGUILAR in its complaint, dated 7 November 2002 GIRALDO RELIEF PATRICIA BROWN, and was in subsequent proceedings that amazing ability to evoke, so unbelievable, the links with illegal armed group.

And you can not say that on that first occasion there was no motive or reason to refer to the processed because when referring to the affiliations of guerrillas Sisbén reported that it took care Luis N. and ALFONSO SUAREZ. It was much later in a statement stating that the defendant performed such procedures for the guerrillas.

These subsequent exposure must register as suspicious that the complainant need names of people who did not remember the first time, extended The list of collaborators and guerrilla fighters of detailing each of their illegal activities, justified its collaboration with the law as a mere implementation of a civic duty and denied receiving any kind of collaboration or presentation by any governmental entity. Facing

told by this witness plays a crucial role militates against the credibility of the love affair that kept time with a public servant named NORMAZA, linked to the National Police, in charge of advance intelligence activities against the subversive group, and according to the statement by ALEJANDRA ORTIZ LETICIA HERNANDEZ, Omair daughter, met with respondents and offered them all the information he had to engage in the crime of rebellion to many residents of San Juan de la China.

And neither was true that Omair on your cooperation to seek only justice for the common good to be part of the persons protected by the authority were receiving some benefits authorized by law, those who denied having received certainly believe that this that lost its value, a situation that produces the effect of the collapse of its credibility precisely because so blatant lie in little can accept the rest of its manifestations.

And if the above is attached to LETICIA ALEJANDRA told who along with her mother intended to be a source of income its partnership with the Army, the CTI and the prosecution, spontaneity, autonomy and lack of interest of his testimony lost all support, becoming suspect and worthless grounds for HERNANDEZ AGUILAR Omair.

(ii). Regarding the assessment of testimony given by QUENTIN BAQUERO OLGA LUCIA, there are circumstances similar to those set out previously that lead to give little credence to the accusation made against GIRALDO RELIEF PATRICIA BROWN. On the one hand

seriously affects the credibility of the deponent that he asserted that the alias was loving processed Miller, because in the process it was determined that PATRICIA RELIEF has a stable relationship with OSORIO JORGE ALBERTO CASTILLO, who at the time of the allegations were expecting a child. This indicates that his testimony was OLGA LUCIA adhered strictly to a script that was presented by someone interested in the outcome of the proceedings, or simply lying about what they say they know of the accused or, ultimately, referring to another person and therefore the accused is not responsible for the criminal acts attributed to him.

The last of the hypotheses is strengthened when it is found that as reported by the CTI MAGNORY OVIEDO LOZANO was in charge of caring for wounded guerrillas, and declared by JOSÉ ELLES JHONYS Imitola, for whom "Patricia" was a fighter base.

And the problem that existed before between and PATRICIA OLGA LUCIA RELIEF, derived from the abuse that the witness gives him one of their minor children, became a source of animosity from the first to the second, being elevated in this fact pattern that diminishes the veracity of the statements of witnesses who turned out to be of merit for the Tribunal. And

(iii). On the veracity of his narrative by JOSÉ GONZÁLEZ OTONIEL PINZÓN doubts are older.

On the one hand, it is the only witness to the process along the processed points is uniform of guerrilla-boots and pistol, a claim that results in a whole to be against someone who supposedly serves as a militia, because to accomplish this activity must come from underground, hiding the identity and keeping a low profile.

Also, it appears that this character never became part of the guerrilla organization that has among its areas of influence the village of San Juan de la China, because those who knew him realize his condition partijero and farmer, his bad reputation not paying debts, bad neighbor status, his rowdy mood by raising false charges to get revenues to the guerrillas, and, most importantly, the consensus around that never were carrying weapons or uniforms that identify as a direct participant in the activities of an illegal organization, a scenario that is reinforced by the conflicting certifications issued by different authorities. From the above, what became clear is the presence of a person who takes advantage of the conditions of public policy that still affect many rural areas of the country, and who, seeking to solve their dire situation, go to the authorities to obtain benefits account of false testimony.

3.6. The Board states that in cases such as this, to get an approximation to the truth using as a means of statements of those who proclaim themselves as guerrilla defectors, informants or demobilized, it is necessary to consider the underground, and vertical partitioning rules that prevail as essential to the survival of the guerrilla groups.

is well known that throughout history the guerrilla organizations have had the secret as the main weapon that prevents or hinders the action of the State for destruction, subjugation or dislocation, so that confidentiality is to be the most successful strategies combat that allows them to preserve their organization, among others. And that purpose is not only mask the structure of the same opponents but civilians

Underground plays a protective role out, preventing the physical location of the organization is known by the State. And the partitioning, which operates as an internal measure, seeks to preserve the secrecy, the truth always appears divided, is known only to the extent of individual participation-militia fighter in the development of tasks. In case of successful action by the state ensures that the damage is not total but partial, which means that, for example, the arrest of one of its members does not affect other instances or cells, remain intact to continue developing all clandestine criminal activity.

This leads to look at it subject to the witnesses who declared in his statement on all matters of the clandestine organization, such as roads used for sourcing and procurement of food, human sources that meet the requirements of logistics, vehicles used for mobilization of members of the organization, the identity of the militants being part of the civilian population contribute to the cause, civilians who sympathize or collaborate with the activities of the irregulars, trained personnel to meet the first aid of the wounded and supply illegal arms and ammunition.

In considering what is told by witnesses that he served the Court for make liability lawsuit against the Processed ignored the context, were ignored prevailing principles in the development of clandestine activities that run guerrilla organizations and accepted as true what is impossible in light of the experience: none the proclaimed demobilized who testified before justice was able to have all the information you provided, which supports the hypothesis that collapses their presentations: they were trained or advised to testify as narrated in this process.

The only condition to get to have the true or a true testimony rendered by demobilized or reintegrated ex-guerrillas without control or lack of responsibility than when I started exhibitions to be as extensive and coincident in much detail, names and data in general, would the fact that individuals have been assigned to the same cell or square subversive question does not appear set to the process and that is conspicuous by its absence, which together with the questioning of the former guerrilla condition or has not confessed to belonging to illegal armed group that witnesses do is simply unbelievable or at least very suspicious.

3.7. The facts the Court stated as proven possible to establish that the Court erred in its evidentiary value because it favored a lack of consistency statements by witnesses and suspects expressed interested in the success of the task undertaken by the authorities aimed to show results against organized crime, ignoring the copious testimony provided to prevent procurement of certainty about the responsibility of the accused concerning the crime charged.

3.8. From the above it follows that the analysis made by the ad quem for the legal issue was not raised to be a contrived argument that neglected to examine it from the context and because the entire collection, because no doubt to see the proven facts that the evidence charge does not serve to overcome minimal levels of uncertainty on the relationship of the accused concerning the crime charged.

3.9. The evidence provided the process does not catapult the existence of certainty on the participation and responsibility of the accused in activities contrary to existing constitutional and legal order, on the contrary, it appears that activities had to make PATRICIA RELIEF for group illegal armed operations in San Juan de la China, have been produced by the ability of intimidation by armed men and the fear that they produce on the members of the community who to be unprotected by effective action and the State purpose of preserving his life, personal integrity and property, are compelled to meet orders are given from the overwhelming power of the illegal weapons exhibit.

3.10. In summary, and as evidenced in the paragraphs above, the ad quem by estimating flawed evidence failed to provide evidence that pointed to the processed uniquely responsible for the crime of rebellion against the military in the ranks of an organization set up against the current constitutional and legal system, because reliable and comprehensive assessment of those not allowed to arrive at this conclusion, being assertive, then, as I said fallador first degree, favoring GIRALDO PATRICIA BROWN RELIEF with the consequence imposed by the principle of in dubio pro reo, since the constitutional presumption of innocence that the blanket can not be removed with the elements of conviction procedure in the process, why the conviction of second instance is married, leaving the fault current acquittal of first grade.

3.11. The result of the decision under review is to marry the defendant and left as the replacement ruling handed down by the second criminal circuit court of Ibague, of December 19, 2005. According to the above is acquitted GIRALDO PATRICIA BROWN RELIEF rebellion by the terms of the charge raised against the Attorney General's Office decision imposes cancel the arrest warrant against him there.

A merit of the above, the Criminal Cassation Chamber of the Supreme Court, to administer justice on behalf of the Republic and by authority of law, and partially agree with the approach of the Agency,


RESOLVED:


1 °. Failure CASAR defendant, to abrogate the sentence handed down against GIRALDO RELIEF PATRICIA BROWN.


2 °. Therefore confirmed the acquittal of first instance handed down to them by the second criminal circuit court of Ibague.


3 °. By the secretariat of this Corporation cancélese the arrest warrant outstanding against GIRALDO RELIEF PATRICIA BROWN.

4 °. DECLARE against the above remedies are not.

Cópiese, report, implement and back to the Court of origin.
GONZALEZ MARIA DEL ROSARIO DE LEMOS JOSE LEONIDAS
Sigifredo ESPINOSA MARTINEZ BUSTOS ALFREDO GÓMEZ PÉREZ QUINTERO
J. AUGUSTO JORGE LUIS GUZMÁN IBÁÑEZ
MILANÉS Yesid QUINTERO RAMIREZ JULIO ENRIQUE BASTIDAS

Socha Salamanca ZAPATA JAVIER RUIZ ORTIZ TERESA NUNEZ


Secretary.


____________________

footer Notes:


strategic activity against illegal armed groups promoted and defended by the national government, but criticized by several international agencies described as violating the guarantees and fundamental rights.
For the same offense were also charged GABRIEL PEÑA MONCADA, JOSEPH PEÑA VIDAL MONCADA, RAMIRO LOZANO RUBIO, GILDARDO MEDINA SANCHEZ, ANGEL MORENO MARIA MELO, LUIS PRIETO EDISON MORENO, JOSÉ LOZANO HOVER RUBIO, Jose Roman, OSPITIA NIETO, MYRIAM LOZANO RUBIO, CESAR FLOREZ ANTONIO OROZCO, GUILLERMO ERNESTO SUAREZ NIETO and Villalba. And, the investigation of accused JESUS \u200b\u200bPEDRO MARTINEZ NIETO ALEXANDER TRIANA, DARNELLY CASTRO BONILLA, DAVID HEREDIA GUERRERO, MAGNORY OVIEDO LOZANO, RAMIRO DE JESUS \u200b\u200bHURTADO OSPINA, MAGDA Mayerly OSPITIA MONTOYA, EDGAR CUELLAR IBANEZ, MIGUEL CUÉLLAR IBÁÑEZ, HEREDIA MARTINEZ and JOSE SEBASTIAN SILVA MILLÁN.
resolution of December 21, 2004 (Folios 105-108 notebook 8th).
were blessed with such a pronouncement Edinson MORENO LUIS PRIETO, MARÍA MORENO ANGEL MELO, GABRIEL PEÑA PEÑA VIDAL AND JOSE MONCADA MONCADA (Folios 26 to 60 of notebook 11).
Folios 22 and following the ruling handed down by the court.
made reference only to the testimony of JOSÉ GONZÁLEZ OTONIEL PINZÓN, OLGA LUCIA QUINTÍN COWBOY and EDWIN GUILLERMO ZAMORA HERNANDEZ (pages 49 to 51 of defendant fault.)
Folios 44 to 51 of the Court. Auto
February 5, 2010. Received
the secretariat of the Board on March 25, 2010.
See Supreme Court, Penal Cassation, Judgement of October 2, 2001, filing 15 286.
Supreme Court, Penal Cassation, Judgement of August 3, 2005, filing 22 290.
Supreme Court, Penal Cassation, court of appeal June 26, 2002, filing 11 451 and 10 November 2005, establishment 23451, among others.
Resumption of expressions used by the Supreme Court, Penal Cassation, ruling on appeal of December 2, 2008, filing 29 091.
This is indicated by various reports rendered by the military authorities, police and judicial police, who are part of this process. CTI
Report August 4, 2004, pages 48 and following, co 4. See statements
Leyer GARCÍA MURILLO (pages 214-224 co 1), who pointed out that the militia and members of the Clandestine Colombian Communist Party are secret or working under cover, do not know each other and their identities are known only by commanders , and LUIS ALFONSO NARANJO (folio 46 CO 3), who notes that the guerillas fighters are not allowed to have contact with the militants. And as reported by ALEJANDRA ORTIZ LETICIA HERNANDEZ (folio 216 co 6) and Omair HERNANDEZ AGUILAR (folio 207 co 6), who explains the differences and activities that develop each other members of subversive groups.
events of March 30, 1998 (See the newspaper report of the sheets 95 and 96 co 3). MELO MARIA MORENO ANGEL
said San Juan of China is red zone (folio 120 co 8) and VIDAL JORGE PEÑA MONCADA (folio 81 co 8) said that since taking the guerrillas police station became the authority of the place. LUIS ENRIQUE RODRIGUEZ MOLANO noted that there is normally sells goods to members of the guerrilla (folio 24 co 7) and Pastor Sandoval said the guerrillas gathered to warn them that they sent in the region (page 77, co 7). The CTI stated that "the inhabitants of the region should live and abide by the orders that dictate these criminals" (page 8 co 3).
This is an indictment expressly stated (page 188 and SSNIOC 9). And at pages 2 to 12 co 3 is said to have provided information on the following persons: Omair HERNANDEZ AGUILAR (offset program certified by the Victim and Witness Protection), LETICIA ALEJANDRA ORTIZ HERNANDEZ (daughter of the aforementioned), OLGA LUCIA QUINTÍN BAQUERO (displaced by subversion), JOSÉ OTONIEL (cited companion, demobilized guerrillas), Maximo Rivera Loaiza (moved) Leyer GARCÍA MURILLO (demobilized, instructor political subversion), ARLEY GARCÍA MURILLO (demobilized), JOSÉ GÓMEZ FERNEY VILLAMIL (demobilized), JORGE SANTOS RAUL SALAMANCA (moved), MARGIE NATALY AMPUDIA SUAREZ (shifted), LUIS ALFONSO NARANJO (demobilized) and JOSÉ JHONYS Imitola ELLES (demobilized .) Folios 1-8
co 1. Folios 89-92
co 1. Extending
rendered statement by JOSEPH ELLES JHONYS Imitola the August 31, 2004, page 145 co 3. The police report 176 of 26 March 2004, speaking of Patricia N., Health Promotion (pages 29 and 43 co 1). The police ORJUELA CASAS PEDRO NEL said the reference to "Patricia" gave OTONIEL JOSÉ GONZÁLEZ PINZÓN (f. 62 co 1)
Folio 119 co 1, and adds that his father's name is PEDRO NEL. (Page 120 co 1). Folio 81 co
6. Folio 245
co 8.
Judgement of the Court, pages 59-50. ANA GONZALEZ DOLORES MONTOYA
said he never heard that those were displaced (folio 174 co 8)
an official communication of 9 December 2004 an officer of the Rooke of Ibague reported that those persons not listed as informants or collaborators (co 255 f. 7), in the same vein, August 21, 2004 certified the CTI (first at pages 55-60 and then co 4 co 4 folios 84-89 .) It was only until January 18, 2005 as reported by the Ministry of Defence JOSÉ GONZÁLEZ OTONIEL PINZÓN was demobilized from the August 22, 2003 (pages 182-185 co 8). Folio 116-117
co 1. Folio 134
co 1. OSCAR JOSE SILVA
MILLÁN told he was not paid some furniture that was supposed to attend and threatened to charge them with the guerrillas (pages 293-298 co 8). HUMBERTO RAFAEL Statements
RENGIFO DONATED (pages 49 and 262 of the co 7) and ANA MONTOYA DOLORES GONZÁLEZ (folio 174 co 8), among others. See statement
OSCAR MILLAN JOSE SILVA, pages 293-294 co 8.
Folio 52 co 8.
Folio 72 co 8.
Folio 92 co 8. Omair
HERNANDEZ AGUILAR in his detailed report of November 7, 2002, received by the Judicial Police Section Sijin, Ibague, made no mention PATRICIA RELIEF (Folios 291-298 co 8). AND EDWIN GUILLERMO ZAMORA HERNANDEZ in his testimony enlargement October 5, 2004 stated that it was not aware of any illegal activity by the processed (Folio 152 Chart 5).
This is, for example, Omair HERNANDEZ AGUILAR (Proceedings for October 27, 2004, pages 200-213 co 6), LETICIA ALEJANDRA ORTIZ HERNANDEZ (Proceedings for October 27, 2004, pages 214-218 co 6) JOSÉ GONZÁLEZ OTONIEL PINZÓN (statement of 23 April 2004, pages 89-92 co 1) OLGA LUCIA QUINTÍN COWBOY (statement of April 30, 2004, pages 112-117 co 1), JOSÉ GÓMEZ FERNEY VILLAMIL (statement of 3 August 2004, pages 255-257 co 1) and JORGE SAUL SANTOS SALAMANCA (statement of August 10, 2004, pages 263-266 co 1). Folio 289
co 8. Folio 46
co 3.
Folios 45 to 51 co 3.
Folios 276 to 277, co 4. Supported by the Information
civilians in the processed data entered in the proceedings of capture (folio 258 co 3) and in the investigation (page 18 co 8). See statements
ANGELA GONZALEZ ROSA PEÑUELA (folio 28 co 7), PEÑUELA NELLY GONZALEZ (folio 30 co 7), MIGUEL ANGEL GUTIERREZ CORTEZ (folio 41 co 7) NUBIA S. HERRERA ROMERO (pages 42 and 45 co 7), LUIS EDUARDO DIAZ Aguillon (folio 52 co 7), GREGORIO CHÍA CHILD (folio 55 co 7) and BENJAMIN PÁEZ Polania (folio 274 co 6), among others. Folio 115
co 8. Folios 117-118
co 8. He told how a child
Olga Lucia was whipped with nettles and gave him one night lodging, taking the child to another day where PATRICIA relief, health promoter (pages 293-294 co 8)
Declaration of 5 October 2004, pages 149 and SSNIOC 5.
Declaration of September 7, 2005, pages 10 and SSNIOC 2 trial.
Declaration of September 15, 2005, pages 57 and SSNIOC 2 trial.
Folios 49 and 50 of the court of second instance. It is questionable
noted that the briefing of witnesses by public servants involved in the security agencies of the state is not an isolated or rare, as is clear from the ruling handed down on March 16, 2004 by the Circuit Criminal Court Guamo, Tolima (Folios 199 to 227 co 10). Folio 245
co 8. Folio 145
co 3.
Stresses the Board that, contrary to the claims of the Prosecutor, in the process if there is strong and true on the background described. See 3.2. (Xvi).
All original Marxist guerrilla organizations-Leninist-Maoist are governed by such organizational principles. To cite but one example, the researcher says CESAR AUGUSTO CHESTNUT the Clandestine Colombian Communist Party "in nature PC3 is closed, its members must undergo a rigorous selection process, with the obligation to maintain a low profile ... Just look at their statutes to understand the ... structure ... clandestine and compartmentalized nature ... They define FARC Bolivarian Movement, a broad movement, without regulations, without discrimination ... The cores are based on the underground "(" Two functional structures "in http://www.semana.com/ noticias-opinion-on-line/dos-estructuras-funcionales/105962.aspx (26/04/2010).
Leyer's statement GARCÍA MURILLO, guerrilla held in a jail, it's pretty descriptive on the subject.
full information of the activities undertaken by individuals belonging to illegal groups can not even supply their most important leaders. For proof note that the leaders paramilitary groups have requested to meet in prison with ratings as did some of their illegal structures to reconstruct the activities of illegal armed organization, and that such devices have power sponsorship, solidarity or acquiescence of state agents total severity practiced with the rules of secrecy and compartmentalization, as it does with the guerrillas.
valuations are now essentially agree with the statement by the Supreme Court, Penal Cassation, in Case 2 December 2008, establishment 29091.

Cinematic Orchestra Sheet ,music

. Presentation of research "mass arrests in Huila: STRATEGY FOR DEMOCRATIC SECURITY POLICY?," REASONABLE AND EFFECTIVE PRACTICE? "Written by Professor ALBERTO PERDOMO POVEDA

ROAD TO JUSTICE POVEDA

By ALBERTO PERDOMO

A few years ago
guerrilla groups implemented a violent actions involving the conduct of checkpoints in the various national roads, with the purpose of kidnapping unarmed citizens, and then obtain economic returns on account of the freedom of the hostages. Miraculous catch was the name given to this practice. The first of the television and radio news and the headlines constantly realized in the form of facts and highlighted the people who fell in the catches.

The Government of the Democratic Security in developing what is called criminal law theory of the enemy, the strategies designed to confront the illegal armed groups, implemented a miraculous catch of fish species by the process of mass arrests, which took place in different parts of the country, having a particular impact on the social and judicial Huila Department. These procedures constituted

paradigm of systematic violation of fundamental rights of citizens, but not only this, also erected a prototype of the illegality of Police and judicial procedures. First, because the procedures for arrest were illegal in most cases, the "court operations" (if this is what can be called the actions executed by the authorities judicial police under orders and supervision of military authorities) involved civilians as rebels pointed randomly to community members overwhelmed with the presence of authority, and no more will be deprived of liberty: the latter, because the judicial, mainly specialized prosecutors were deaf, blind and dumb at such aberrations, and acting contrary to good sense, ie, proceeding without autonomy, independence and impartiality, as was his duty as first and foremost had sworn to uphold the Constitution respect when they assumed their positions, not only legalized the catch but uttered in almost all cases measures assurance and then indictments, all of which was unveiled before the trial judges, who in the vast majority of acquittals uttered processes.

What just noted appears proven in the research project entitled "mass arrests in Huila: STRATEGY FOR DEMOCRATIC SECURITY POLICY?," REASONABLE AND EFFECTIVE PRACTICE? ", Developed by Seed Research Dikeius, linked to Rights Research Group and Law of the Third Millennium, Faculty of Law, University Surcolombiana, registered with Colciencias.

work now published is the result of a valiant effort. It divided into two parts carefully constructed. Chapter I is devoted to theory. Resolve the starting points used to take stance on personal freedom continues with an explanation of the circumstances - circumstances and conditions, which allow deprivation according to national regulations and international standards, then it is conceptualized on security policies in the modern state and particularly discussed the so-called Defense Policy and Public Safety.

Chapter II deals with the geopolitical description of Huila Department, describes the design that gave the research project and realizes of the findings, among which the lack of fairness in the procedures of capture and lack of support both in the allegations as criminal charges that the prosecution raised against a large number of defenseless citizens.

The work ends with some very suggestive findings reveal an unusual effort by the authorities-police, military and judicial (especially those requesting) - to present to the national public opinion "positive" in its fight against organized crime, why the analyzed reveal that the actions "arbitrary and irrational haste, in the exercise of power. With all that is negatively impacted community because such actions were afraid in the social structure and, worse, distrust of the public authorities to proceed.

In these terms, this research becomes a historical document Amalaya checked by the authorities in the future does not repeat what is shown here, so that the actions of those in power is placed on the road to justice, free of the substantial efficiency-the criminal law, far from guarantees and therefore, inappropriate for our model of State Constitution.


* * * * *


Despite all the difficulties that persist in higher education passing by the absence or lack of budget, corrupt leaders, guiding medium hair between academia and politics, rigged calls for the provision of teachers, unnecessary parallel payrolls and so on, optimism revived when one observes that people constitute the soul and nerve of academia, students, organized in seed research, develop activities that inquire about the problems of social and reliably reconstruct the recent history of our country as troubled as resistant.

With unconcealed pride I must point out that the harvest has been obtained is the result of careful planting, selective, with great satisfaction that I congratulate Welcome to the world of research each and every member of the Seed Research Socio-Legal DIKEIUS "path to justice", who with all the devotion and hard work have this important document Huila community and academia. ALBERTO PERDOMO

POVEDA
Portal Javeriana, Bogotá, January 2007. Process

Soul Silver Cheats R4

SUPREME COURT JUSTICE HOUSE OF FAILURE OF UNAL IBAGUE TRIB IN CASE OF MASSIVE CATCH. In the statement demanded the court committed serious errors in assessing the test

29,091 No


SUPREME COURT CRIMINAL APPEAL BOARD OF

Magistrate: Julio Enrique Socha Salamanca

Approved Minutes No.348


Bogotá DC, two (2) December two thousand and eight (2008). VIEW



the Board decides the extraordinary appeal lodged by the defender of Hermes Vallejo Jiménez against the ruling of Superior Court Judicial District of Ibague (Tolima), which overturned the Court issued in the Fifth Criminal Court of that city , and instead condemned to this and Reinel Torres as authors responsible for the criminal offense of rebellion.


FACTS AND ACTION LITIGATION


1. Based on photocopies taken motu proprio by the Judicial Assistant Attorney Featured at the First Special Tolima Gaula, "the group database" Bolshevik LEBANON " resting in this office, "the March 11, 2003 the owner of the aforementioned Office has opened his preliminary investigation to identify and identify possible members of that rebel group that may be involved in the offense of conspiracy (Abduction and extortion) "committed" against the people and good people who dare to visit the northern Tolima.

To achieve that mission was ordered to listen "in a statement to the ELN guerrillas who are in the reintegration program" and for it commissioned "Investigative Unit URBAN GAULA Group supported by the Judicial Assistant of the Executive, who is familiar with all investigations that are processed against members "of that rebel cell.

2. It was thus based on the results expressed in the report submitted on 17 May 2003 by two agents of the Gaula group commissioned to the aforementioned steps, the 20th of that month the prosecutor opened an investigation and ordered it to bind (28) twenty-eight residents in the towns of Lebanon, Falan, Villahermosa, among others, some workers of the respective municipality (for example, the mayor and the ombudsman of Villahermosa), others, civic representatives of the community (as Hermes Vallejo Jiménez) and even who by then was serving as Bishop of Lebanon (Monsignor José Luis Serna Alzate).

3. In principle, the May 22, 2003, was obtained by the capture of seventeen of these defendants, to which, once heard in questioning, the 30th of that month I was temporarily resolved the legal situation with security measures of preventive detention The offense of rebellion, a decision that, appealed by the defendants of some involved, was overturned on appeal in connection with nine of them.

The apprehension of Hermes Vallejo Jiménez occurred in Bogota on August 13, 2003, and after being heard in investigation, interim legal situation was resolved on the 19th month as a precautionary measure that imposed on other defendants for the crime of rebellion, confirmed the statement following September 16 to mark the appeal filed by his attorney.

4. By order of September 30, 2003 the prosecutor ordered the partial closure of the investigation into Hermes Vallejo Jiménez, Reinel Torres, Jose Alirio Henao Cardona, Lubin Yemison Guzman Nieto, Julian Osorio and Jose Gregorio Moreno Olaya Liberato, and 20 November of that year described the summary of evidence to merit an indictment against the five, as the authors responsible for the crime of rebellion, while that for the last, the investigation, the statement of objections which was confirmed on January 30, 2004 by the Deputy Prosecutor's Office in the High Court of Ibague.

5. The stage of the proceedings went forward in the Fifth Circuit Criminal Court of Ibague, whose head ended the first instance on 26 October 2004 by decision over which acquitted all the accused of the crime attributed to the prosecution because the inadequacy of the evidence put forward as a support of it.

In that decision came a-quo basis, firstly, that in the trial provided a copy of the statement of objections raised by the Attorney General's Office Judicial Assistant against the prosecutor who has opened his preliminary inquiry and subsequent investigation, as well as against the two agents Tolima Gaula "commissioners to hear testimony to the former rebels of the ELN," which accused the defendants of belonging to the faction of that group rebel known as "Bolsheviks of Lebanon", as these officials put pressure on witnesses (Soraya García Nidia Diaz, Alejandro Martinez Vanegas, and Wilder Malagón Sierra) to make accusations against those in this regard, and secondly, because the incriminating material remaining impossible to conclude the militancy of the defendants in that insurgent group.

6. Appealed the decision expressed by the Delegate of the Attorney General's Office and the Superior Court Judicial District of Ibague with yours of July 25, 2007 it revoked only in respect Reinel Hermes Vallejo Jiménez and Torres, because, although held wise decision to exclude testimony crossed the a-quo as flawed, found that other evidence to the aforesaid committed the crime of rebellion and by virtue, to find them responsible for this criminal offense, each imposed key sentences of seventy-two (72) months imprisonment and a fine of one hundred (100) legal monthly minimum wage in force and the ancillary disqualification to hold public functions and rights for the same period of deprivation of liberty, and denied the conditional suspension of execution of sentence and home detention, court of second instance against which the representatives of those convicted filed an appeal.

7. As the special appeal was sustained only by JIMÉNEZ VALLEJO defender, and ad quem did not notice the omission of that burden from the other challenger, the Board on 20 February this year, declared wilderness As formally declared it and claim the first set, on which the Delegate of the Attorney General's Office presented the concept of rigor.



DEMAND 1. Based on the causal third appeal (Act 600 of 2000, Article 207-3), the actor offers two charges claiming the invalidity of the action, based on the following:

1.1. Argues that the sentence was delivered in a mistrial for substantial reduction of instruction on reasonable terms to the detriment of due process, since, according to the actor for his client that stage lasted a little over a month from when he was captured, however, that in accordance with Article 329 of Law 600 of 2000, this phase was to last twenty four months.

indicates that prosecutors dropped an unjustified and substantial, beyond all logic, the reasonable time required under the law in question, thus breaking the structure and contrary to procedural guarantees provided in the Constitution, law and international instruments.

violated rules cites Article 29 of the Constitution, the 14-b of the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and Articles 6 and 329 of the Criminal Procedure Code and 2 of the Penal Code.

requested, based on the foregoing, to cancel all proceedings from the close of the research, in order that the accused can properly prepare and exercise, within a reasonable time, due process and the right of defense.

1.2. Second, he argues that the decision was made within a process null and void due to lack of the right of defense, since not allowed the questioning of witnesses, nor was any statement about the evidence requested by the legal aid .

Stresses that between 2002 and 2004 thousands of citizens were victims of mass arrests under a policy of "democratic security", in which interviews were used to "rehabilitated" as a basis evidence of deprivation of liberty, which he obtained unusual severity when these people have never attended to declare at the process of questioning by defense lawyers.

specifically says the actor that his conviction on appeal against his prohijado was based on the testimony of Nidia Soraya Garcia, Beatriz Eugenia Díaz Alarcón and Alberto Núñez Paz Huber, under which, upon an appeal for reconsideration of the closure of investigations requested were called again to report for questioning, but unsuccessful challenge is permanently prevented that opportunity. Accurate

the right to question prosecution witnesses will not depend on the legal operators, but is a state obligation to make this right effective, unless held with compelling reasons or reasons of force majeure to prevent it.

violated rules invokes as Article 14 of International Covenant on Civil and Political Rights, 8 of the American Convention on Human Rights, 29 of the Constitution, the 8, 9 and 13 of the Code of Criminal Procedure, and 2 of the Penal Code.

concludes that it ignored the said legal rules, not in practice allow the questioning of witnesses in a proceeding based precisely in testimony, so that mechanism contradiction was the best and most suitable for the development of the right of defense.
According to the above order the revocation request from the closing of the investigation, so that they can correct the errors posted.

2. In a subsidiary, with steps on the grounds of appeal first, second body (Act 600 of 2000, Article 207-1), argues the plaintiff's indirect violation of substantive law as a result of various errors in the assessment of the evidence, determinants of the sentence on appeal for the crime of rebellion.

2.1. Argues that the Tribunal made a false view of existence it failed to evaluate the following elements of proof:

The complaint filed by Myriam Consuelo Franco, legal representative of a minor, whom the witness Huber Núñez, publicly defamed complaints have an abortion, the conciliation, and Order adopting it to the Attorney Local 62, based on which ended the criminal prosecution for criminal libel, and the statements made before the Notary of Villahermosa, where the defendant's relatives realize the animosity Paz Nunez against it, by the fact that their amorous toward a young family who were not accepted.

Proceedings of agreements signed between the Government and Department, and the peasant movement as a result of the marches to demand their rights, which has acted as spokesman and representative of Hermes Vallejo Jiménez and the statements of Pedro Antonio Male Gutierrez, Eugenio Hernandez Corredor and Linderman López Orozco (former mayor of Villahermosa), among others, who aware of the defendant's personal qualities and his condition peasant leader.

indicates that the assessment of the trials was important, because with the first group shows that the witness Huber Nunez was a troublemaker and slanderous, and the reasons for resentment which had for members VALLEJO family, which I found to serve as a witness against the defendant and his brothers.

As for the other evidence requires them to demonstrate that the defendant was indeed recognized as a peasant leader and not as a subversive, and that was representative and spokesman of the farmers at the departmental and national government.

explains that by failing to assess the ad quem those elements of persuasion, ignored factual circumstances that undermine the credibility of the witness's statement and definitive considered key Huber Núñez.

2.2. The actor also claims a "false reasoning" because the Court did not consider that the process had its origin in illegal activity by the officials who made the preliminary and the first steps on the stage itself instructive as it is shown that GAULA investigators and an employee of the prosecuting, rigged trials, promising expedite rehabilitation certifications so that Nidia Soraya García, Alejandro Martínez and Malagón Wilder, among others, testify against several people accused of being guerrilla members without being this way, a circumstance that even the Attorney General's Office will raised objections to the aforementioned officials.

About the statement of Beatriz Eugenia Díaz Alarcón, argues that the first reference to this lady against the defendant appears in an interview before the Patriot Battalion, photocopied to begin the preliminary inquiry, in addition to the item of evidence was not put to this inquiry charges when paid or rated to resolve the legal status, or as the basis of the statement of objections, but, however, the second-degree fallador brought out the signs of that to strengthen the testimony of Paz Nuñez, ignoring the manifest illegality of the aforementioned evidence.

2.3. Question the witness censor appreciation Paz Nuñez charges, by the fact that The Court realized that the declaration of this, reputedly pure and without coercion, can not really be seen well, for in its context was evident in the words of that declarant had access to information or intelligence reports Police, DAS, and the Army, which makes him lose the connotation of disinterested and credible witness. Highlight

nor the judge took into account second-degree Nuñez Huber himself acknowledged in his statement that he had reason to feud with his prohijado, because it did not work out of the hospital in Villahermosa doctor municipal manager with which that had serious differences due to complaints that the doctor had risen for the irregularities committed by him as a nurse at the health center service.

2.4. Concludes pamphleteer medium indicating that a careful reading of the record and proper analysis of evidence, were bound to lead to the court of second instance to support the defendant's innocence, declared the verdict of first degree.

not have made, says the actor, the judicious and careful study of evidence, led to ad quem to ignore that it should acquit, or at least declare the existence of the doubt, and therefore address the inevitable way of applying the principle in dubio pro reo, with similar effects.


CONCEPT OF THE ATTORNEY


1. Deputy Attorney for the Fourth Criminal Appeal on invalid charges, after indicating that neither meets the appropriate requirements and development proposal, states that the two accusations have no vocation to prosperity.

1.1. Regarding the first alleged unnerving habit suggests that it assists reason, not only because of inconsistencies in incurred, but also because it is true that in this case the call unjustified reduction of the reasonable time prescribed by law for the stage instructive, therefore there is no due process grief.

specifically states that it is not acceptable reading that makes the applicant of Article 329 of Law 600 of 2000, because such a rule should be in line with Articles 331 and 393 of the same statute, and thus understand the instruction as a procedural step has specific objectives that once achieved imposing closure, which in no case could exceed the maximum time limit for its duration.

adds that this period is set by the legislature as a procedural guarantee for citizens who can not be perpetual subject to criminal investigations, or at least timeless, that is not an exact term in duration to allow the ways to use delaying tactics in defense research.

Delegate emphasizes that the proceedings are in the particular case lasted more than five months, and that the presence of the accused and their defense was verified during the past two months, during which time the prosecution established the conditions to proceed qualifying, and only when opposing the closure of the investigation the accused's defense gave documents to serve as proof of his claim and warned that practiced other, which could perfectly be requested at trial, as indeed happened.

1.2. About the second charge indicates the delegate that the right to cross the witnesses is one way to counter the test, but not only, as it can also resorted to the practice of critical evidence.

noted that in this event as the instructor did not agree to reverse the closure decision, did not rule on the request for evidence, it seems unlikely that the appellant's assertion that the ground of invalidity is not would have responded to the request probation at the time because it was untimely.

adds that the censor missed what happened in court during the preliminary hearing, acting in requesting the annulment of the closure of investigations by the same circumstances now under discussion, and a-quo denied that claim but accepted the evidentiary demands, including those set to challenge the closure decision. Finally

reiterates that the system of Law 600 of 2000, the evidentiary dispute is not satisfied only with the opportunity to question the witness, but she also meets the test compared with others, with rational critical review the software, historical statements, the witness's motives and other circumstances that should be taken into account to establish its truth, without observing that in this case was filed in violation of the right true defense.

2. About founded reproaches on the grounds of appeal first second body, said the prosecutor that the censor did not meet the guidelines required by this causal logic of dispute in the various forms cited, merely just to make a plea for instance, in which censorship the Court has not acquitted his client of the charge for which he was tried.

It states that the total absence of rigorous censorship leads him to suggest, in contradiction to its initial position, that ultimately the question is limited to the implementation of in dubio pro reo, because the judge will accept imposed reasonable and manifest existence of the doubt on the basis of the evidence, when fact is that the Court never considered the question in its assessment of evidence, on the other hand built his conclusions in a rational way of explaining why them, why the proposed charges should be dismissed. Request

In conclusion, the Delegate of the Attorney General contested the decision not to marry.


CONSIDERATIONS OF THE COURT


1. INVALIDITY.

1.1. The first charge under the proposed causal third of appeal the applicant is linked to an alleged defect structure, ie, by ignoring due process, because the censor believes that the completion of training was not extended the time allowed under Article 329 of Act 600 of 2000, a period which, in its feel, it was necessary to exhaust for their prohijado to be that the "reasonable time, appropriate and sufficient to exercise due process" and the law of contradiction of the evidence gathered against them before it was connected to the investigation.

1.1.1. According to the American Convention on Human Rights, every person accused of a crime, in full equality, including guarantees, is entitled to the award of "time and facilities for the preparation of his defense" (Article 8 - 2, c) in the same sense the Covenant International Covenant on Civil and Political Rights provides that persons charged with a crime during the process shall be entitled in full equality to "adequate time and facilities for the preparation of his defense and to communicate with counsel of his choice" (Article 14-3, b).

The text of those provisions to reveal that these international instruments affirm in the same category an inherent right to the defendant, which can not be unknown in principle by the legislature, as the criminal procedure laws that guarantee when properly abide by in the design of the respective deadlines to be conferred the accused and his counsel to seek and to secure trials, appeals, or present allegations are of a suitable objective terms so that these tasks are performed effectively. This

disclaimers because facing a criminal charge typically implies a task that requires the time necessary and essential to conduct research, identify and collect evidence, dialogues between the accused and his counsel, to prepare actions in which setting forth the arguments and fundamentals of defensive posture, etc., the purposes for which it is necessary to take into consideration the importance, nature and characteristics of procedural or diligence defense technical and material is entitled to.

Now prerogative that connects and complements the right to be tried within a reasonable time, also referred to in international treaties and the Covenant on Civil and Political Rights states that "Anyone arrested or detained on a criminal charge ... shall entitled to trial within a reasonable time ... "(Article 9-3), further reiterating that anyone accused of a crime is entitled" To be tried without undue delay "(Article 14-3, c).

Similarly the American Convention on Human Rights states that "Anyone arrested or detained ... shall be entitled to trial within reasonable ... "(Article 7-5) and, in turn, the American Declaration of the Rights and Duties of Man establishes that" Everyone who has been deprived of his liberty is entitled to have the judge without delay and to be far tried without undue delay ... "(Article XXV).

This law, which is inherent in every person subject to a criminal matter and is not deprived of their liberty because of it, means that within a reasonable time the State, through the court, must decide how Ultimately, Celera, ie, without undue delay, his status before the law and society, as one of the pillars fundamental due process is based on the speed in the determination of causes, including non-criminal nature, because without this component can not be efficiency and security of law and therefore justice.

1.1.2. In domestic law, no doubt, the safeguards provided in the aforementioned international instruments, there is room from the Constitution, as in Article 29, to enshrine in the broad sense of due process, said:

"Anyone who is accused has the right to defense and assistance of counsel chosen by him, or craft, during the investigation and prosecution, to a fair public trial without delay unjustified to present evidence and which witnesses for the prosecution, to challenge the conviction, and not be tried twice for the same offense. "

Under the systematic procedure that governed the conduct of this case, that is, in Act 600 of 2000, the legislature was careful in pointing out some time providing protection for fundamental rights in consideration, ensuring that the defendant and defense have the time and opportunities necessary to have knowledge of the investigation, knowing the evidence against them and seek favorable to their interests, exercise their right of contradiction, making defensive statements, appeals, etc.

specifically for the stage of preliminary investigation indicates the order cited a maximum of six (6) months (Article 325), and for training a term of eighteen (18) months from the date of initiation, period extending to four (24) months in those events that are three (3) or more the accused or the crimes for which appropriate (Article 329).

For its part, Article 393 of the same encoding adjectival states that "When you have collected evidence required to qualify or expiration of the term of instruction, by an Order of conduct to be notified personally which only supports administrative appeal was declared closed the investigation .... "

These provisions, particularly those that regulate the duration of the instructional period, consult with superior warranties alluded to in the adversarial trial system with the prevailing trend in the aforementioned regulations, for the prosecution, as has already pointed out the Chamber must develop the investigation only to the extent that it can mobilize the necessary evidence to indict before the judges or preclude the investigation, without being indispensable to exhaust the term of this phase, and less all the collection of evidence, which, with more importantly, can be left for the trial stage, where the immediacy and the possibility of contradiction embodied its essence.

is that the law, as the Court has explained, does not set a minimum term to end or close the instructional stage, but the subject has been raised to the test needed to qualify, so that, regardless of time lapse (unless the scope prescribed by law as the maximum time duration of the investigation phase), if the instructor believes that the evidentiary requirement to qualify is true and closes the investigation, simply make a procedural action authorized by law .

1.1.3. In the case considered the Prosecutor General's Office following a previous investigation that took place between March 11 and May 20, 2003 (two months and nine days), the date last mentioned, ordered the opening of the investigation and capture of several individuals identified of being caught by the crime of rebellion, including that of Hermes Vallejo Jiménez, and by order of conduct of 30 September the same year (four months and ten days) partially closed cycle instructive, considering that with the evidence collected identified in two stages was likely rate the merits of the summary.

noteworthy that during this period, August 13, 2003, was captured the said defendant and was immediately linked through questioning, after which time, together with his counsel, knew the evidence, and through legal assistance obtained copies of the action, challenged the decision of 19 August following with which it was resolved its provisional status, as well as of Sept. 30 ordering the closure of the investigation, filing jointly at that time application testing, and after being refused reconsideration of the order closing had time and opportunity to marshal the arguments corresponding pre-qualifying.

The fact that all procedural acts referred had been completed within a relatively short time, does not reflect the breakdown of the guarantee to have the time and facilities for the preparation of the defense, as mistakenly understood by the applicant, it is glaring, based on the above summary that met timely processing of the complaint, had time to consult with his lawyer defensive strategy of confidence, and was granted the exercise of contradiction in the prosecution evidence gathered during this first stage, which is not only secure evidence that deems appropriate to promote the status, but also questioning by exercising those resources law against adverse decisions that wield as its foundation.

Nor is it correct the alleged violation of the provisions contained in Article 329 of Act 600 of 2000, a provision that in no way establishes the obligation to extend the investigation to the maximum term provided there, as I think the censor, but, by contrast, is developing the fundamental right to a fair trial without undue delay or, in this case not to be subjected to criminal investigations or perpetual timeless.

Indeed, what is intended with the time limits for the deployment of the investigative activity of the State, which must comply with the obligation of the burden of proof, has a different meaning to seek a reasonable exercise of punitive power in order not to generate undefined situations when you are putting the legal status of a person who is charged with committing a crime, so that these expectations be met before time expected, which is necessary to give full implementation to what is established in Article 393 of Law 600 of 2000.

can not be understood to have Article 329 of the Criminal Procedure Act cited a maximum period of eighteen (18) or twenty (24) months, as appropriate, to advance research, you're setting up imposing its fatal exhaustion feasible to close the investigation, but equal to as in the event of collection of evidence required to finalize, this also imposes a ceiling on state guarantees in order to minimize the uncertainty in the formulation of the indicted charges, if the case so requires, or failing that, to be proceed to issue a resolution of preclusion of the investigation.

This is sufficient to affirm the improsperidad office.

1.2. Sheltered by the same grounds, also proposed pamphleteer invalid on the grounds that the defendant had no opportunity to cross-examine prosecution witnesses Soraya Nidia Díaz, Beatriz Eugenia Díaz Núñez Alarcón and Huber Paz, activity of the right of defense ensures that the appellant was prevented because the prosecution refused to replace the closure of the investigation and did not order the tests requested by counsel in the instructional phase, tending to prove that the defendant was oblivious to the signs as member of a group rebel.

1.2.1. Under section 8, subsection 2, paragraph f) of the American Convention on Human Rights, every person accused of a crime during the process, in full equality, has the right to "... examine witnesses present in court and to obtain the appearance, as witnesses, of experts or others who can shed light on the facts ", likewise the International Covenant Civil and Political Rights provides in Article 14, paragraph three, letter e) that any person charged with a criminal offense, in full equality, is entitled to "... examine or have examined witnesses against him and to obtain the attendance of witnesses discharge and that they be questioned in the same conditions as those in charge. "

Standard Minimum Rules for the United Nations Criminal Procedure Rules also known as Mallorca, where Numeral 29

state that "... if the finding of a fact is based on the perception of a person, it must be questioned in the trial. This interrogation can not be replaced by reading a document or statement written above. National laws shall establish the exceptions to this principle by reason of impossibility or great difficulty of reproduction of this test. In these cases, may be used in the trial performed prior statements, provided that they had taken place with the participation of defense and ensure the other parties the opportunity to object to the evidence provided. "

In domestic law, the aforementioned Article 29 of the Constitution establishes that he is accused is, inter alia, the right to present evidence and that has been gathered against him, played a fundamental guarantee as a guiding principle in Article 13 of Law 600 of 2000 Criminal Procedure Code that governed this case and in which there accusatory systematic trend designed, was divided into two stages of instruction, including pre-inquiry here , and the judge, that model still inherent in the principle of consistent evidence, according to which, in the case, the legal tests and regularly practiced in the previous phase (prior research / training), still effective and can be taken as support for the decision to fund (above).

1.2.2. In the case which calls the attention of the Board, the complaint that the claim based of nullity is basically confined on the one hand, the fact that the defense had no opportunity to cross-examine prosecution witnesses, and otherwise, that this was due to the refusal of the instructor to replace the closure of the investigation and sequencing pretense consequential evidence requested.

About the first thing you must remember that the law of contradiction proof or demonstration is an expression of law purified of defense, with the budget for the exercise of that prerogative advertising testing, since only thus allows the parties to the knowledge and the consequent opportunity to reply.

also taking time ago Hall said that the controversy of the test is implemented through various ways, for example, attending practice and participating actively in the respective due diligence, that in the case of the testimony may lead to the questioning of the witness, allowing the processing and his defense in a plane contradict those argumentative evidence incorporated into the whole side to it, through the application and provision of evidence favorable to their own interests, challenging the decision which granted a probationary merit which they disagree; or demonstrating the illegality of the means or the way was obtained to exclude the analysis of the judge.

not presented in this If ignorance of the security in question, given that the defendant and his counsel knew of the adduct timely, instructive phase of the statements of Soraya Nidia Díaz, Beatriz Eugenia Díaz Alarcón and Alberto Núñez Paz Huber, and although proceedings at that stage was not possible to realize their right to refute by questioning, it is also true that the possibilities were open to direct the controversy of these means of persuasion by any other mechanisms exist, as indeed they exercised without any limitation through appeals against decisions of principle in the belief that those items were the foundation of adverse decisions, and the time of the defensive position on the allegations pre-qualifying, being, therefore, safeguarded with sufficient concrete exercise of the right to defend themselves from such tests.

is not limited to legal defense, the prosecution had decided not to replace the closure of the investigation and, tip, no access to practice tests that the same opportunity for the defendant requested, because, as was clarified by studying the previous plea of \u200b\u200bnullity, the instructor entity has no legal obligation to exhaust all pertinent evidence and relevant, but when you consider that it has the necessary proof to provide the merits of the summary rating, the law enables him to close the investigation, even if not complied with the practice of all the evidence, which can be reserved for the trial which, to reiterate, the immediacy and the possibility of contradiction embodied its essence.

And the defender disregards what happened in this particular event at the beginning of the trial phase, this is in the preliminary hearing, diligence in the development of which the a-quo did not accept the annulment of the closure research proposal based on an argument similar to our study, but instead did order the practice of all tests documentary and testimonial order sought by the defense, including just the extension of the testimony of Nidia Diaz and Huber Soraya Núñez Alberto Paz, in order to guarantee the right of contradiction evidence.

However, the fact that during the trial was not possible to cross-examine respondents mentioned lately, also stands as collateral damage of conflict, since it is necessary to emphasize an aspect that also bypassed the censor: the witnesses were repeatedly referred to the addresses known on the record and did not attend, then the failure to practice properly ordered that evidence is not attributable to inertia or whim officials, in addition, material and technical defense had the opportunity to disprove the validity and effectiveness of these means of persuasion in an argumentative level present their final arguments in open court, and so strong was the criticism that was obtained for defendant's acquittal.

In conclusion, the charge fails.

2. OF INDIRECT VIOLATION. Unlike

and without a rigorous analysis is completed the Officer's Office, the complainant reported the reproaches on the basis of the grounds of appeal first, second body, even if you do not see an orthodox language to identify the defects, refined his argument some inaccuracies, enough to articulate the proposition of three errors violation of that path, namely a false view of law as to the accusations that the ad quem was tested based on the version of Beatriz Eugenia Alarcón; false view of identity to appreciate the statements made by Huber Alberto Núñez Paz-one provided as evidence taken and other collected directly in this action, "and false view of existence in relation to the evidence legally and regularly close to the process designed to certify, on one hand, the hostility of the witness against the defendant said recently, and second, that this was a civic leader farmer, which was crucial to the military authorities identified him as a member of a subversive organization (the ELN).

is why what the applicant on the one hand, violated the rules cited as the Criminal Procedure Code (Act 600 of 2000), Articles 232, related to "the need to base decisions on legal evidence, regular and timely made, 234 and 238 "about the fairness in the assessment of the evidence in finding the real truth ... together in accordance with the rules of sound criticism" and 277 "which establishes the criteria for assessing the testimony "and the other, ensures that because of the violation the Court engaged in the misapplication of substantive law to condemn his prohijado for the crime of rebellion (Act 599 of 2000, Article 467).

2.1. False view of legality.

2.1.1. The false view of legality, as a species of legal error in the indirect violation is linked to the training of proof, the rules governing the legitimate way to produce and incorporate the process, the principle of legality in evidentiary and enforcement of budgets and the formalities required for each mode of knowledge, so that nonsense is crystallized when the judge valued or appreciated half unknown test some of these rituals, it was unlawful or one that does the meet and is therefore invalid.

2.1.2. Criticism that kind of service in this event is referred to the estimate that second-degree fallador made the investigation of Beatriz Eugenia Díaz Alarcón, as an element of conviction of that extracted from the processed signaling VALLEJO JIMÉNEZ as "Soldier" car called "National Liberation Army (ELN), namely the faction" The Bolsheviks of Lebanon. "

Apart from the actor claims made about the lack of merit to be given to the version of that veteran of that rebel group by the fact that, unlike the sentencing as stated in the second degree, that does not accurately identifies your prohijado as a member of that organization, it alludes to a "Hermes Vallejo" whose data do not fully agree the trial here, in addition to the interest of making remarks attributed to realize benefits from the Government for their reintegration and demobilization, the really important point is analyzed vice blame on Injured that could not be assessed because they moved irregularly to acting and in fact was not taken into account as the basis of the statement of objections.

Replication is successful, in effect, the inquiry Alarcón Diaz-rendered on December 4, 2001 - work in process as part of a package of measures proprio motu photocopied by the judicial assistant of the Outstanding First Special Prosecutor, Gaula Tolima, which were accepted by the relevant officer to order based on preliminary investigation, not to mediate auto judicial officer (prosecutor or judge) to order certified and certify compliance with legal requirements in the respective production process and its origin authenticity.

back highlighted aspects result in a manifest violation of due process and incorporation adduction of the aforementioned documents, irregularities, incidentally, had already been warned by the prosecutor on appeal the ruling in appeal regarding the car that were concerned with security measures captured the first seventeen, ordering the recall of that determination in relation to nine of them.

noted at that time the Unit of Prosecutors Delegated before the Supreme Court Ibagué:

"[E] s should be emphasized that these measures have a number of irregularities very unfortunate, because this instance is not explained how an unknown officer procedural due process, which is investigating crime, while delegating to the practice of some police officers prosecuted in court, that although they have the best intentions, lack of experience and knowledge are not routed or direct research toward the desired end, as is to establish the existence of the act and the possible perpetrators of it, because otherwise it ends up as in the case subject matter by asking a series of punishable acts, which, as rightly held the sixth fiscal specialist, are being investigated by other judicial offices, leaving only this whole to do with the guilt of rebellion.

"If we realize the proceedings began with a report of the Technical specializes in the prosecution of GAULA, without resolution ordering it will voluntarily (sic), certifying a copy and passed to the prosecutor's table so she decides it appropriate and in a light and irregular support testing moved and without examining the legality, that is, if those tests were performed in the process valid sender, decides to order a preliminary inquiry. "

2.1.3. According to Article 29 of the Constitution, is null and void, the evidence obtained in violation of due process, "senior policy content indicates that when it violates the substantial forms of each form of evidence or it is introduced to the detriment of fundamental rights, the sanction is the lack of proof.

Article 232 of Law 600 of 2000 provides that any decision must be based on evidence "legal, regular and timely allegations to action", and ditto 239 states that "The evidence presented in a valid judicial or administrative action in or outside the country may go to another genuine copy and will be valued in accordance with the rules provided in this Code. "

For his part, Article 259 of that procedural law provides that documents must accrue to the original process or a certified copy and, as noted this room, authenticity is acquired "when authorized by the official where the genuine document or certified copy, when such a condition is certified by a notary, when it is certified or verified in judicial inspection, and when the party against who is alleged in the criminal process does not reject it before the public hearing (art. 1, Number 117 of Decree 22882/89 and 274 and 277 of the Code of Criminal Procedure. "

The content of these rules is apparent , firstly, that decisions taken in a judicial ruling has binding effect only when they find support in evidence which is not prohibited by the Constitution or law, ordered and carried out by a competent official, subject to the ritualices that are proper and within the corresponding procedural opportunity.

And second, that the evidence in criminal matters validly made within other action (judicial or administrative) may move in a certified copy, provided that there have not been ignored or overturned by illegals, as well as for removal or adduction substantial requirement is that there is a providence so ordered, ie there is a clear expression of will play the respective court ordered evidence in order to initiate or other officer before new research for events not yet discussed, or to serve the purposes inherent in action already underway and it is also essential that the target process to ensure advertising and contradiction in evidence transferred.

2.1.4. In this case a photocopy of the Injured Diaz Alarcon and other documents as it was close to start the preliminary investigation forward in this process were not ordered by a competent official, but by an assistant or employee of the state's non has jurisdictional powers, and the owner of the relevant official to whom they were directed release those documents did not verify that its output in the performance of home had been adapted to the requirements outlined in the Constitution and the law, much less verified the authenticity of them.

If so, the reason is on the side of the plaintiff, because as I was warned from the beginning of the investigation, the breach of due process in the incorporation of that evidence was not taken into account in the statement but sidelined him full of debates and the various decisions relating to the situation VALLEJO JIMÉNEZ taken over that stage, so much so, that the statement of objections, first and second instance, was based solely and expressly Albert Huber statements Peace and Soraya Núñez García Nidia Diaz, the latter dismissed by the courts of first and second grade for the irregularities for their production, thus incurring the Court in the error alleged by the plaintiff, in assessing an element of conviction does not meet the to have as a legal budgets and regularly incorporated.

It also noted that the judge at the second level, in order to strengthen the credit granted to the signaling expressed in irregular form of evidence that he said it was corroborated by the "interview" conducted Diaz Alarcon on 3 December 2001 by the National Army, which was provided with the report of May 17, 2003, rendered by the agents of Tolima Gaula, following the "commission" conferred by the prosecutor began a preliminary investigation.

However, that finding evidence of ad quem is also flawed, this time, a mock trial of conviction, served as the date of the aforementioned interview, it is plain that was received prior to the prosecution of Díaz Alarcón , plus who does not have the signature of the alleged official of the Armed Forces of Colombia - National Army gathering, this document has no probative value to the wording of the provisions contained in Article 314 of Act 600 of 2000 because according to this precept that kind of diligence and exhibitions rendered for any witnesses to authorities that perform judicial police are not valid evidence or evidence and only serve as guiding criteria for research.
In sum, it is indisputable that the probation service consistent estimation of legality mock trial denounced by the actor in relation to the assessment of the photocopy of the investigation of Diaz Alarcon has full configuration.

2.2. Trial false identity.

2.2.1. As is known, errors of fact is not disputed the legality of the item of evidence or due process on its management, and adduction practice, it is logical condition of the argument accept that it is permeated by a defect in those areas, as discussed in error is a factual nature.

trial in the false identity he must demonstrate to the caller that the judge to seize the contents of a particular test, we cut-false factual circumstances transcendent view of identity-removal, or was added equally relevant facts that do not match its text-false view of identity by adding, "or changed his expression meaning literally false view of identity distortion or misrepresentation.

The accreditation of a nonsense as the aforementioned is not more demanding than being absolutely loyal to the text or wording of the test, as the dialectical exercise is a comparison between what reliably reveals the test, and the synthesis or warrants that its content was the official, in order to show or demonstrate the removal, addition or misrepresentation of literal expression.

2.2.2. Now studied compared to vice interesting to note that the Court, in addition to the photocopy of the investigation of Beatriz Eugenia Díaz Alarcón-vitiated by illegality, false view, assessed as evidence against the witness poured JIMÉNEZ VALLEJO in this process by Huber Alberto Núñez Paz and photocopying gathereth in judicial inspection, the same diligence rendered before the Fourth Specialized in research Ibagué No. 109142 also advanced for the crime of rebellion, among others, against the above-mentioned trial.

The reference in the court of second degree the content of the statement Núñez Paz, comes down to it, as a nurse at the hospital in Villahermosa,

noted that "... several years ago, is Vallejo Jiménez militiaman subversive organization "The Bolsheviks' ideologue, political and military leader, and contact with official bodies such as the Municipal Government, the Hospital and the health workers of this department, bringing together people to hold demonstrations in the cities of Lebanon and Ibague (fl 59 et seq and 121 et seq . co N º 5).

"... the February 12, 2002, after transferring a patient to the Hospital Federico Lleras Acosta" in this city [Ibagué], on the road that leads to the Lebanese city of Villahermosa (Tolima), noted the aforementioned processing together with other rebels, wearing camouflage fatigues and carrying a firearm (revolver). (F. 15-4). ... Was president of ASOPEMA " frequent the City Hall to represent the "Guerrilla" in the meetings held in that place. "

ad quem For this indication deserved "full credibility" because it "looks well informed, reasoned, and objective" and given that it did not receive "any interest or petty to involve mobile unjustly, wrongly or aware of people who have not had any relationship with this guerrilla organization. "

2.2.3. However, as indicated by the applicant, the credit given to that item of evidence would have been different if the judge had referred to second-degree in its full extent and faithfully the story of that witness, as did the first instance, as several passages from it to reveal that their version not only lacks objectivity and disinterest, but also not the result of a direct perception but obtained by "community input" and based on the knowledge that improperly obtained an intelligence report of the National Army in the process obrante 109142 processed by the Fourth Special Prosecutor, and openly accept the deponent.

Indeed, Paz Núñez statement as proof that work move, it is obvious that encourages rivalry against whom he held the position mayor of Villahermosa to the time of their stories (March-June 2003), considering that it was imposed by the rebels, and against persons belonging to that municipality who says that "does not fulfill his duties properly" is " a degenerate, alcoholic "," an informant, a collaborator and contact with the guerrillas and the local hospital manager, who claims to be responsible for "numerous cases of abortion" and to provide medical care to members of subversive groups, indicating praenomen that make up a "network of corruption that exists" in that county, which is anchored by a large unknown number of [members of] the family BETANCOURT, PEÑA, VALLEJO, AGUIRRE, linked to the guerrillas. "

Specifically, about VALLEJO JIMÉNEZ, the Respondent asserts that:

"... has served on the UMATA seems to be Overseer of the works done at City Hall ... [is] requested by the prosecution and intelligence to be the ideologue, who has links with the guerrillas for many years, ASOPEMA leader, for several years, which is responsible for talking with their leaders to gather people and make them at the city of Ibague and Lebanon recognized by the community of being a guerrilla for many years, as his brothers Rigoberto Vallejo, Mauricio Vallejo ... and I've seen in camouflage and armed, February 12, 2002, and on one occasion when I moved from the city of Villahermosa Lebanon, leaving a patient at the Hospital Federico Lleras Ibague, I found him in camouflage uniform and armed with the gun ... a friend and compadre personero Mr. Hermes Vallejo, aka Marcos ... the Representative Peña Libardo Bedoya nothing helped the medical community to dismiss Manuel González [manager Hospital] despite the many complaints from the community ... Mr. Hermes Vallejo also collaborated on anything, being a member or community leader, although he personally requested the favor ... and there is a very good relationship between them, and they are drinking buddies and the football team ... "(Emphasis added.)

diligence in that explained why everything stated in his account, saying it was:

"... because they wanted to open up (sic) a disciplinary process against me unjustly, I left the information verbally to the secretary, that if they made me unjustly expelled from the hospital by the faculty that they have [referring to the Mayor, the Representative and the manager of the hospital] I denounce presenting me with a lawyer and senior officers and police and in front of them, he had many things to sing (sic) .... "

By expanding your version does not hesitate to assert that this region is the bush "or" cradle "of the guerrillas, and refers back to Vallejo family members, including Vallejo Rigoberto who he says is the commander" Bochica "and that he is who" has been seen in uniform with guns at checkpoints in Palocabildo "which is the brother of Hermes Vallejo, and both are" registered in the archives of the National Army, "noting that the latter is "political leader and contact with official agencies, the mayor, the hospital, the health workers of Ibague, is that people gather for protests in the cities of Lebanon and Ibague, the Patriot Battalion has a photo where you clearly acknowledge the event, said from the moment I arrived at municipality as a guerrilla camouflaged amidst the civilian population .... "

In testimony given in this action, as in the transferee, it is clear the enmity of reporting to the mayor and the city of Villahermosa personero and against the doctor who manages the hospital of the town, and for others related to those and, according to their research, make part of a rebel faction (the ELN) operating in the region, noting that:

"... the mayor was or is a friend of Mr. Hermes Vallejo VALLEJO, alias Commander MARCOS, RIGOBERTO VALLEJO VALLEJO, alias Commander Bochica, and a brother this apparently Mauritius VALLEJO VALLEJO, whom I have been disguised and armed twice, close friends of Agapito, Agapito comrades ... according to research I did, well, Mr. Hermes Vallejo had a voice-command in the town hall meetings and was who he said he speaks and speaks and who does not ... and Mr. Hermes Vallejo VALLEJO RIGOBERTO were always fellow mayor's campaign contributors or campaign, who celebrated the victory on election day through the streets, apparently handing Mr. Hermes Vallejo remittances in the Land Rover ambulance (sic) of the hospital ... Hermes Vallejo Jiménez is a military political leadership ... not if VALLEJO VALLEJO or VALLEJO JIMÉNEZ ... he is a member or chairman of asopena (sic) of the peasant movement in the region is responsible for contacting the hospital and city hall with something that has to do with the guerrillas ... if not Mr. HERMES visit the administration what purpose will but I've seen in the administration in meetings with the doctor, Mr. Hermes Vallejo occasionally comes to town but not live there ... "It should be stressed that

about the episode reviewed by the court of second degree, according to which the respondent would have seen to that defendant wearing camouflage and carrying guns, the version given in the witness of that event in this new story differs from the one made previously, as well as synthesized by the ad quem, being clear that he was wearing "camouflage" was not a HERMES VALLEJO but his brother

"... Mr. GERALD EFRÉN Patino had links with the guerrillas, according to information was an informant for the guerrillas, it relates to all the people there in the village freely until the day he was confirmed on 12 February, the witness thinks, was a Wednesday, two thousand and three saw it getting off a motorcycle with Mr. DIEGO PÉREZ apparently the husband of a teacher in rural areas, GERARDO PATINO carrying a case and would like barbecue who (sic) contained grenades and came to give them to the guerrillas in the village was altobonito (sic) making a catch, I came to complete the census, and was standing on the road Mr. MAURICE VALLEJO and SILVIO commander and other subversives who interrogated me was doing and he went, in a few moments appeared Mr. Gerardo Patiño and brought in what they were asking me, which I left and they stayed with the guerrillas ... "

also interesting to note that development of that instructor diligently recorded that the respondent supply various data consulting a calendar, and the exponent itself made the following suggestion:

"... I recommend reviewing a report from Battalion Patriots or Patriot Battalion made a report, I know about that report because I have very good intentions to work with government and I know many people in the region that could help with his capture. QUESTION: You were sent by someone to conduct the management there? ANSWER: I did voluntarily wanted to end the corruption that exists in the hospital ... and I knew the guerrillas would hurt to attack the doctor for links to them, then I had no other to denounce them all, I had access or least two pages of the report about the Patriot Battalion, because I wanted to verify the information I had, or I knew them by face, but they do not know the name ... I mean I saw a small part. QUESTION: Who was the person who gave you to make the report? ANSWER: The clerk of the DISTRICT ATTORNEY 4 specialist, because I was going to work. "

2.2.4. Asides transcripts what, in general, is the statement Núñez Paz, certainly not lead to the unequivocal conclusion that Hermes Vallejo Jiménez actually do some of the guerrilla group that blew up, and comprehensive assessment of all narrated by that exponent not rule out the possibility that such ambiguous and vague accusations obey personal or political differences with the defendant, and even to some extent be determined by management as developed by one community leader, mistakenly regarded by intelligence agencies Forces Military in the report that you could get the witness, in a research obrante parallel by the same criminal offense.

It is therefore indisputable that if the judge would have appreciated second-degree faithfully and in full size so exposed by the respondent, one would have been the decision, because in doing just that only evidence of defendant's alleged membership in a faction rebel, ie in the absence of any element of strengthening conviction that a failure could not last sentence in it, especially since, as will be seen below, however there are other ways in the process of knowledge offering backup version of the defendant about his work and mentioned disagreements with the respondent, which does not were being valued.

2.3. False view of life.

2.3.1. Made false view of existence that fails to appreciate fallador content legally provided proof-service process that is called false default view of existence, "or, conversely, makes factual details from half of conviction that is not part of the process, or do not belong to any of the close-false view of existence assumption.

analyzed in the case, the defendant VALLEJO JIMÉNEZ, and defense, have argued that the identification as a member of a rebel organization has its origin or cause in his activity as leader community and representative of farmers, noting, in relation to the only evidence on which he attributes the militancy, that is, the declaration of Huber Alberto Núñez Paz, who deserves credit for what he says is due to reprisals against the family of the accused, by the fact that he was emotionally rejected by a relative of the former and because the defendant did not take part in a personal conflict between the witness and the director or manager of a local inn where he worked as a nurse.

2.3.2. First, about the status of civil leader VALLEJO JIMÉNEZ processing in the city of Villahermosa (Tolima), it must be admitted that it not only is recognized by Núñez Paz himself, albeit with a different connotation, but it is documented with photocopies to gather his possession of the records of consultations between representatives of Government / departmental and various civic groups in that region, that between September 1999 and June 2000, staged marches and protests to demand their rights to employment, health, etc., actions in which the defendant participated as a delegate of the Association of Small and Medium Farmers of Tolima (ASOPEMA).

should clarify that these documents even when they appear initialed by those involved in them were made to the copy process in informal and even if the trial phase is requested the competent authorities a certified copy thereof, the inertia of the respective public officials found to be not fulfill that role, as part of the Government of Tolima was obtained by the simple response that such request would be met by the file of that entity, from which he never answer, unlike the Personality of Villahermosa, the entity that I certify the work as an overseer of the citizen accused of various works of the municipality.

however, about the defendant's social activity, account, among others, statements of Flor Maria Orozco Bedoya, Fanny Martínez Marín, Pedro Antonio Males Gutierrez, Eugenio Hernández and Linderman Corridor López Orozco-the latter former mayor of that municipality during the 1998-2000 period - measures that were practiced in the trial request of the defense response.

also prevails note that these same respondents deny any link or relationship VALLEJO JIMÉNEZ with illegal armed groups (guerrillas or paramilitaries), as reported in the same way as their relatives, Marco Tulio Franco Vallejo, Maria Nelly Sanchez and Jesus Vallejo María Sánchez Vallejo in a statement that they also received the prosecution phase, through commissioning, and were intended to ratify authority extrajuicio judicial statements rendered by them in August 2003 in the Notary of Villahermosa, presented by the defense after the close of the investigation-which drew in this hostile attitude against his family Paz Núñez by rejecting their foreplay love to Maricela Sanchez Vallejo, cousin of the accused.

About personal characteristics of the respondent Núñez Paz, during the tutorial also were close copies of various memoranda filed against it by the Manager of the Hospital of Villahermosa Ismael Perdomo, between February 1999 and October 2001 due to failure their work and community complaints about of aggressive treatment and to use that institution's stationery to order treatments to patients without the preparation or to be authorized, and for contesting or disapprove medical actions towards patients.

These circumstances should be noted that relationship makes the complaint made by Mrs. Consuelo Franco as the legal representative of a minor who defamed Paz Núñez arguing that he had undergone the practice of abortion methods, an allegation that determined the start of a proceedings against the respondent in the prosecutor said Sixty-two Local de Villahermosa, which ended July 11, 2001 based on the withdrawal and compensation made by the defendant for the victim.

In this incident the same concerns in his statement Paz Núñez moved, arguing that is the basis of the disciplinary process that unfairly the Representative of the Municipality and the Director of the Hospital wanted to open for reporting an abortion if done to a child, noting also that Ms. Consuelo Franco "Take suspicion" of helping the guerrillas, and that it the "cheated" to "force" to reconcile the amount of eight hundred thousand dollars in the respective criminal case. Finally
about reporting cited as emphasized in addressing the false view identity, it is necessary to emphasize that this indeed expressed dissatisfaction with the fact that HERMES VALLEJO "being a member or community leader" would not cooperate with the request that he personally did to help dismiss the manager of the Hospital of Villahermosa, negative, as the defendant said, afforded him the enmity of praenomen witness.

2.3.3. The assessment of the evidence alluded to in precedence, allow the applicant to provide the reason in that the Tribunal made a false view of existence by pointing out that issues argued by the defendant to devalue the complaint made against him "are not lower test in the process "because, on the contrary, the conviction related items also evidence that the defendant actually was developed in the home based work as a representative or community civic leader, also illustrated on probable grounds of discord between the accused and the witness who marks it as "militia" of the guerrillas, an allegation that, as is clear from reading comprehensive, careful, painstaking and slow the whole story of it, is released by the aforementioned witness against anyone with who had had a difference.

2.4. Evidentiary significance of the errors. Shown as

was unprecedented in sections (2.1 - 2.3) that indeed the second degree court erred in estimating the errors of passing on evidence that the plaintiff, consisting of law mock trial, mock trial and mock trial identity of existence, the true value, integral, whole and in accordance with the principles of sound criticism of legally incorporated elements of conviction imposes a different legal conclusion about Hermes Vallejo Jiménez.

Indeed, the Board must begin by noting that the story of Núñez Paz, as opposed to estimated ad quem, addressed the peculiarities of his testimony, his personality, the circumstances of place, time and manner of events that narrated, as well as those inherent in the way that was collected in this process (Act 600 of 2000, Article 277), raising it to prevent evidence provided unambiguous and incontrovertible about a possible link of the accused as a member of an organization subversive.

is not clear in the version of the witness in relation to a particular act or conduct of the defendant who can be bracketed as establishing the criminal offense of rebellion, except the reference about once saw him wearing camouflage uniforms and firearms, complaint that is also ambiguous and imprecise, because for sure the story can not be concluded if the witness who observed under these conditions was the accused or any of his brothers, who also points to belong to subversion.

The attribution of "political command and ideologue" that the defendant makes the declarant poya rest or, rather, in the activity of a community leader recognized by witness, and by various inhabitants of the municipality in which it resides, the former mayor of Villahermosa, and the civil authorities at the national and departmental levels with the agreements reached in an attempt to resolve the protests in which intervened in 1999 and 2000, representing a peasant association.

also can not be overlooked in the narration of these witnesses, his vindictive spirit against different people in the town of Villahermosa, as the Mayor, the Representative and the local hospital's medical director, against whom despite having been linked before the trial here, and although they act against Paz Núñez syndication of being "members of the guerrillas they were not high SO, because the instructor felt that not enough material evidence to support an indictment. Important

is equally clear that the irregularities of this action, as to how evidence was collected which resulted in preliminary investigation and the subsequent opening of the investigation and subsequent arrest warrant over twenty-eight people are not completely unrelated to the testimony of Paz Núñez, because just reading your story as a whole is perceived that many of the issues listed are the fruit of their own deductions, or are due to comments allegedly made by third parties for the work of "investigation" developed to "work with the State," refusing it to identify their "informants" on the pretext of protecting life and, at best, only acquiesces to recognize that the data supplied The intelligence report supports the National Army, which was allowed to have inappropriately accessed within it a parallel process and for the same criminal offense.
About the latter, it must be emphasized that the decision of the Attorney General's Office who rose to the statement of disciplinary charges against an employee of the investigating prosecutor and two agents who were involved in Tolima Gaula handling witnesses for the initiation and promotion of this process, we also ordered the issuance of advance copies for the same action against the officer of the Fourth Special Prosecutor Ibague who served as secretary of the "who was who apparently provided the intelligence information referred to in their various statements Huber Alberto Núñez Peace .... "

Faced with this situation, observed the fragile uniqueness of which is coated the only item of evidence that works against the defendant, and addressed the evidence supporting its expression of alienation attached to the criminal offense, it is not possible devalue the credibility of these elements of knowledge, they come from various sources, and that for them, well in order and in documentary or testimonial in nature, there is no reason to believe a possible distortion of the truth or intent of promoting the accused, which corresponds, in conclusion, is the acquittal of prosecution under universal maxim in dubio pro reo, given that the state through the judicial system failed to crack the constitutional presumption of innocence that protects it.

According to the above, will marry the failure of the second degree, in effect leaving the acquittal of first instance.
3. STATUS OF TORRES Reinel.

3.1. As was stated in the summary of the action, the appeal was not upheld by the attorney for Reinel TORRES, but a compelling reason, based on informal faculty attend Court when he observes violations of fundamental guarantees ( Act 600 of 2000, Article 216), requires the study of the fundamentals evidence of the sentence issued against the verdict of second degree, especially when that decision is based, among other evidence, on the statements made by Beatriz Eugenia Díaz Alarcón, who join themselves to the process without the observance of legal formalities inherent to the test moves, as was specified above (item 2.1.).

is why it is needed to confirm whether, apart from that test, the decision is based, a year in which the Board notes that the Court erred in flawed reasoning by false judgments of identity, legality and existence.

3.2. First the foundation of acquittal in favor of this defendant, is that although the procedure statements related to a subversive "ELN" known by the alias of "GIOVANNY" during the investigation and trial was not set out how agencies Army intelligence determined that the defendant here was that character.

For his part, ad quem, after accepting that indeed in this rebel organization "could be several people with the same nicknames in the group The Bolsheviks", considered that the reinserted Luis Gabriel Zuleta Morales,

"... no formula certainly clear that Reinel TORRES, here processed, the organization responds to the alias of "GIOVANNY", thus being clear to the Tribunal, that in the event there are several fighters with the same nicknames, this is one of them. The trainer asked him if he knew Reinel TORRES, aka "GIOVANNY" and the witness, under oath, "ANSWER: He was militant in Lebanon, the Lebanese militia are intelligence, from where the plague, that it to him, the militant look the plague, is a skinny man, peliliso (sic) a little Larguita, carracudo whitey, clear eyes, fantochito or chopped, as I saw him about 6 months there working with the group pretty much understood Silvia (fl ,274-8) "(Emphasis added.)

That is, for the judge at the second level the person referred to in witness Zuleta Morales corresponds unequivocally to the defendant Reinel connected TORRES here.


However, the ad quem trial committed false identity to grasp the content that element of belief because in the same diligence, a little later, the teacher rephrased the question inquiring the witness if he knew "Reinel Towers ", but this put you off this alleged pseudonym, to which the witness' ANSWERED: As I said awhile now, one has contact with them, if it's name own do not know anyone, only with aliases ... "explanation implies that the respondent in the answer that you copied the Court referred to and described the alias" GIOVANNY "and not a" Reinel Torres "to understand and identify with such nicknames.

addition, the judge erred in mock trial plural identity to appreciate the inquiry of this trial, since he did not realize that in the respective minutes shall be made to the following statements about the physical characteristics of the accused: " thin build, has a mustache, straight hair curly, small nose, black eyes, small ears ... " which, as highlighted differ from those of the person described by the respondent.

3.3. The fragmented and biased evidentiary assessment performed by the second grade fallador not limited to the above gibberish, but nevertheless be pointed out that the defendant here was Reinel TORRES subversive GOVANNY "which referred to the witness Luis Gabriel Zuleta Morales to strengthen the attribution of responsibility, said he also was working against that,

"... the statement made by Mr. Joseph Alexander Daza, who relates that it belonged to the urban militias of Lebanon (Tolima), who works in the vehicle Company "Postobón" (the accused said he worked with Coca-Cola "vagueness that results from such a distance to say that this is another person) which allowed him to go that people inquiring about what people could be victims of kidnapping and extortion to finance the aforementioned front 'GUERRILLA'. "

doing a comprehensive review of the entire record, it appears that by Joseph Alexander Daza work a photocopy statement was improperly entered by the Assistant Attorney First Judicial Outstanding, Gaula Tolima, in order to promote initiation of a preliminary inquiry against unidentifiable persons for conduct punishable equally vague evidence that, as established in another part of the considerations (2.1), could not be estimated, and transcribed as the appointment was based on what appears there narrated about alias "GIOVANNY", it is clear that the ad quem again made a mistake by mock trial of legality.

3.4. But also, and tip, ad quem also stopped appreciating, making a false view of existence, the aforementioned testimony and the version of investigation, legal action contributed to the instructional stage moves as evidence in the inspection in No process 109142 advance for the crime of rebellion in the Fourth Special Prosecutor of Ibague, knowledge elements which show that the witness mentioned anywhere Reinel said Torres, the defendant here, is known in the guerrilla fronts "Bolsheviks Lebanon "with the alias" GIOVANNY ", they appreciated all the stories together this reporting, even at the sake of argument, the irregular," the description provided of the subject distinguished with that alias, as the functions attributed differ radically from the comments of the deponent Zuleta Morales. The diligence

referred by the Tribunal said:

"Tell us that people work together voluntarily and if you know the names of the militiamen who work in towns. ANSWER: There is a boy named GEOVANNY is militia in Lebanon, working on the car of Postobón currently, is weak, it is the pimp, has around 22 or 23 years, swarthy-skinned, is there 1.70 meters tall, the only thing he does is intelligence of those who have money in Lebanon and what they do for kidnapping or extortion, that has over 10 years of militant, I know why he was in the bush a little time ... "(Emphasis added.)

Meanwhile, on the evidence transferred legally and regulate this process, refers to a subversive "is called GIOVANNY" which is "military command", who said:

"... GIOVANNY, is one of the smartest fighters have a lot of intelligence in Lebanon, there are known as guerrilla, I know she has relatives in Lebanon but not where he remains in front of the mall in Lebanon, it is 1.65 in height, the table is hairdressers, sometimes (sic ) leave the mustache and sometimes (sic) no, this guy has photos of the Battalion S2 Patriots, is gay, has with much Chinese, makes meeting people in town who knows he's guerrilla is an expert in explosives, has arto time in the organization, he was a good friend of mine and my wife .... "

And, in turn, in the statement given in this process José Alexander Daza, which also failed to appreciate the Court does not refer to the items listed by the judge plural, but merely limited to describe alias "GIOVANNY" as follows:

"... Question: Describe a GIOVANNY alias. ANSWER: It is more or less than 1.66 or 1.68 in height, is white skin, amonadito, thin, GIOVANNY lasted about 10 years in the organization because he was militant and interned, or militia and fighting and when I came to the organization he was a fighter and had belonged to the city and before I fly me he went to the city again .... "

3.5. As shown, the identification of the respondent said they are not harmonious with each other or with predicates based on the testimony of Zuleta Morales, in addition to not match the physical characteristics of this defendant, it being sufficient to highlight only one aspect: according to Jose Alexander Daza the subversive "is called GIOVANNY" or the knower with that alias, has an estimated age of "22 or 23 years", but according with the investigation of the card processing and preparation of his identity card, he was born on June 1, 1973, which means that by the time the story of Daza (surrendered on February 20, 2003), was close to fulfilling thirty (30) years of age.

In short, the ad quem, as an estimate flawed evidence, as demonstrated paragraphs ago, failed to provide evidence that unequivocally pointed to the defendant as the subversive Reinel TORRES known in the ranks of the organization in rebel with the alias "GIOVANNY" because reliable and comprehensive assessment of those can not come to that conclusion, resulting imperative, then, as I said fallador first degree, promoting the praenomen with the consequence imposed by the principle of in dubio pro reo, since the constitutional presumption of innocence that the blanket can not be removed with the elements of conviction procedure in the process, why the conviction of second instance is married, leaving in force the acquittal of first grade.

as Reinel TORRES was captured after the failure of the second degree, based on what is decided here will be released immediately and unconditionally on behalf of this process, for which the secretariat of the Board will send the ballot to the respective detention center where he is being detained, after verification that no other authority required.

In light of the foregoing, the Criminal Cassation Chamber of the Supreme Court, to administer justice on behalf of the Republic and by authority of the Act,


RESOLVED:


1. CASAR the ruling issued on July 25, 2007 by the Superior Court of Ibague (Tolima), on the occasion of the charges proposed under the grounds first, second body, the lawsuit filed on behalf of Hermes Vallejo Jiménez, and consequently force quit the acquittal in his favor in the Fifth Circuit Criminal Court of that city.

2. DUTY CASAR the ruling issued on July 25, 2007 by the Superior Court of Ibague (Tolima), according to the provisions in the relevant part of this decision, and thus leave the current acquittal in the Fifth Criminal Court circuit of the city for Reinel TORRES.

3. HERMES AWARD to Reinel VALLEJO TORRES JIMENEZ and immediate and unconditional release.

For the secretariat of the Corporation, the relevant ballot get rid of freedom for the last of these, if not required by another authority, and cancélese valid arrest warrant against the former.

notified, fulfill it and return to Office of origin. ESPINOSA PÉREZ

Sigifredo


Service Commission LEONIDAS BUSTOS JOSE ALFREDO MARTINEZ GOMEZ QUINTERO MARIA DEL ROSARIO

L. GONZÁLEZ DE J. AUGUSTO IBANEZ GUZMAN JORGE LUIS QUINTERO

MILANÉS Yesid RAMÍREZ BASTIDAS
Julio Enrique Socha Salamanca
ZAPATA JAVIER RUIZ ORTIZ TERESA NUNEZ


_________________________ Secretary



Footnotes:


Original Notebook 1, pages 1-190. Notebook
original 2, pages 159 to 239. Notebook
original 3, pages 175 to 211; original book 6, pages 202 to 247. Notebook
original 7, pages 20, 28 to 35, and 70 to 78, original book 8, pages 180 to 188. Original Notebook
9, pages 11 to 19; original book 10, pages 90 to 92; original book 11, pages 7 to 37 and 155 to 187. Notebook
original 12, pages 253 to 281. Notebook
12, folios 162 to 179; Notebook Tribunal, pages 19 to 55, 68 and 70. Notebook
Court, pages 88 to 116, the Court Booklet, pages 4 to 10, and 64 to 80.
See Judgement of 29 June 2005, establishment No. 17478. Cf
Auto September 27, 2002, establishment No. 17540. See Judgement

April 2, 2001, establishment No. 14536.

originates Notebook 1, pages 126 to 132. Notebook

original 6, pages 202 to 247. See Judgement

July 8, 2004, establishment No. 19634.
It should be noted that due to the manipulation of evidence by the Attorney First Assistant Specialist Outstanding, Gaula Tolima, and the two officers of this agency commissioned to take the evidence of this and other former rebels of the ELN, the Attorney General's Office opened a disciplinary investigation, and put those SO. Notebook
original 2, pages 81 to 113.
Idem, pages 159 to 190.
This case, after the opening of the investigation ordered by Attorney Outstanding First Specialized, Gaula Tolima, was assigned to the Prosecutor's Office at the Thirteenth Circuit Criminal Courts Ibagué to decide, exclusively, the likely charges of rebellion in which people may be have incurred whose capture was available at that time (Notebook original 2, pages 282 to 284; original notebook 3, pages 29 to 31), and even when the investigating officer in the judicial inspection performed by process No. 109142, confirmed the existence of another investigation against VALLEJO JIMÉNEZ for the same conduct punishable , as events in their jurisdiction, ie, in the city of Villahermosa (original book 4, page 9 to 100), no warning flagrant violation of the guarantee of double jeopardy, since it was not found after "and now there is no news on the record, what was the final decision on the permit application on the praenomen. Notebook
Court, page 40. Notebook
original 4, pages 10 to 46. Notebook
original 5, pages 59 to 73 and 121 to 136. Original Notebook
9, pages 168 to 215.
original notebook 11, pages 285, 286 and 287. Notebook
original 12, pages 48 to 50 and 110 to 116. Notebook
original 12, pages 50 to 52. Original Notebook
9, folios 187 to 190, and original notebook 11, pages 262 to 268. Notebook
original 5, pages 271 to 305. 9
original notebook pages 173 to 186, original notebook 12, pages 97 to 99. Notebook
original 4, pages 20, 21, 41 and 42. Notebook
original 12, pages 13 to 26. Notebook
Court, page 39.
original notebook 8, folio 280. Notebook
original 3, page 116. Notebook
Court, page 45.
original Notebook 1, pages 174 to 181, 189 and 190.
Idem, page 180. Notebook
original 4, pages 10, 11, 47 to 50 and 71 to 82.
original notebook 10, pages 167 to 173. Process