24
permanent psychic disturbances that were assessed during the expert’s examination
carried out on August 8, 1996 by the Forensic Psychology and Psychiatry Group of
the Bogotá Regional Unit.13
Proceedings carried out after the events occurred on August 24, 1994
48(6) On August 25, 1994, Mr. Gutiérrez-Soler reported, before the Regional
Delegation of the Public Prosecution Office, the tortures he had suffered the day
before. On August 26, 1994, Mr. Gutiérrez-Soler filed a complaint against Mr. Dalel
Barón and Colonel Enciso Barón before a counsellor of the the Special Prosecutor for
Human Rights Staff. As a result of said complaints, parallel proceedings were
commenced within the ordinary jurisdiction against Mr. Dalel Barón, and within the
military criminal and disciplinary jurisdictions against Colonel Enciso Barón.
48(7) On February 7, 1995, the Military Criminal Examining Judge Nº 51
commenced proceedings for assault and battery against Colonel Luis Gonzaga
Enciso Barón. Subsequently, the investigation was referred to the Office of Judge
Advocate N° 60 , where it was decided to closing all proceedings against the above
accused, on the grounds that “the allegations of Mr. Gutiérrez-Soler, besides not
being confirmed by any form of evidence, appearing as meritless, being
contradictory [...] said allegations do not deserve a iota of not credibility, since they
are infested with specious, biased, malicious, slanderous, and base, conceived by
his sick mind, arising from his characteristic mythomania. Witnesses of this kind
must necessarily be suspect and be subjected to a greater control by the examining
judge and the trial judge, since they are tainted with immorality.”14 On September
30, 1998, the Superior Military Court confirmed the termination of the proceedings.
48(8) On June 7, 1995, on the basis of the complaint filed by Mr. Gutiérrez-Soler,
the Special Prosecutor for Human Rights considered that there were enough merits
to file charges against Colonel Enciso Barón before the disciplinary jurisdiction.
However, the General Prosecutor’s Office closed the case applying the double
jeopardy principle in view of the decision made on February 27, 1995 by the Judicial
Police Director, whereby Colonel Enciso Barón had been exonerated from any
disciplinary liability.
48(9) On August 29, 1995, criminal proceedings were commenced against Mr.
Dalel Barón. However, On January 15, 1998, the General Prosecutor’s Office decided
to preclude the investigation and to order the closing of the records, since “the
testimonies of both the police officers and of those persons that, in some way
(family or labor environment) were related to the accused, are of those classified by
volume I, exhibit 14, folios 225 to 227; and record of exhibits to the brief with requests and arguments,
volume II, folios 1016 to 1018).
13
Cf. report issued on August 8, 1996 by the Forensic Psychology and Psychiatry Group of the
Bogotá Regional Unit (record of exhibits to the application, Volume I, exhibit 11, folios 215 to 217; and
record of to the brief with requests and arguments, Volume II, exhibit 33, folios 1000 to 1002).
14
Cf. Court order of termination of proceedings issued on March 2, 1998 by the National Police
Chief Inspector in his capacity as trial judge, in favor of Colonel Luis Gonzaga Enciso Barón (record of
annexes to the preliminary objections, answer to the complaint and objections to the petition and
allegations, book I, annex 1, folios 1342 and 1343.)
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