JAIRO PEÑALOZA CAMACHO

Specialist lawyer in Criminal Law

[email protected]

Bucaramanga, August 27, 2021

Gentlemen:
THIRD PROSECUTOR'S OFFICE BEFORE THE COURT
SUPPORT FROM THE 41 SPECIALIZED PROSECUTOR'S OFFICE
SPECIALIZED OFFICE OF PROPERTY LAW
Sincerely, Dr: Liliana Patricia Donado Sierra
Bogotá D.C.
E. S. D.

REFERENCE: Action of Extinction of Domain NC

110016099068202000422
EDUARDO JOSÉ FERREIRA URIBE y JOAN SEBASTIAN FERREIRA
URIBE.

SUBJECT: CONTROL OF LEGALITY OF PRECAUTIONARY MEASURES.

1.- FACTS:

The Attorney General's Office of the Nation through Delegate 125 of the Directorate
against Organized Crime based in the city of Bucaramanga,
opening investigation against: YAMIT PICÓN RODRIGUEZ, ZULAY
ARGOTA PALLARES and JUAN CARLOS DIÁZ PICÓN corresponding to the
criminal news No. 110016000097201700017 proceedings carried out against
the ECOFIN of the Eastern War Front, Magdalena Area of the ELN GAO,
originating the capture of them in the month of September of the year
2020, legalizing the respective raids, arrests, formulation of
imputation and requests for the imposition of precautionary measures
audiences that were preceded by the 21st Municipal Criminal Court with
Guarantee Control Function of Bucaramanga.

The Prosecutor's Office at its opportunity charged the accused:

Mr. YAMIT PICÓN RODRIGUEZ, charges as the author with intent of

the crimes of aggravated rebellion in heterogeneous competition with the offenses of
Concert for Aggravated Criminal Offense and as co-author by way of intent of Money Laundering
of Assets and Financing of Terrorism, imposing a measure of
AZULAY ARGOTA PALLARES, as the author of the crime of Conspiracy for
Aggravated delinquency and as a co-author with intent of the crime of Money Laundering
Assets, a measure of preventive detention was imposed on him.
house arrest.

AJUAN CARLOS DÍAZ PICÓN, as co-author for the purpose of fraud in the crime of
Manufacturing, Trafficking or Carrying of Firearms, accessories, parts or
ammunition.

Among the decisions made by the Constitutional Judge who took the
preliminary hearings, the investigative entity was ordered to summon the
respective copies to advance the action of domain extinction regarding
of the assets of the indicted.

On the other hand, it is the same Prosecutor's Office that reveals that YAMIT PICÓN
RODRIGUEZ alias Choncha, WILBER VILLEGAS PALOMINO alias Carlos El
Pig, DIOMEDES BARBOSA MONTAÑO alias El Burro, JAIME MIGUEL
PICÓN RODRIGUEZ alias Chencho, HENRY TRIGOS CELON alias Moncho
Picada and JOSE GABRIEL ALVAREZ ORTIZ alias Alex were the subject of a
accusation issued by the United States District Court, District
South Texas, Houston Division, on February 12 in case number 20
CR 091, involved in illicit activities related to drug trafficking.
narcotics, which have provided resources that have been
destined by those people to finance terrorist activities for
part of the organized armed group outside the law ELN Front of
Northeastern War La Magdalena.

2.- PROPERTY AFFECTED BY PRECAUTIONARY MEASURES

OF THE AFFECTED: EDUARDO FERREIRA ACOSTA, EDUARDO JOSÉ AND
JOAN SEBASTIAN FERREIRA URIBE.

In response to the copy request ordered by the official who served

of the guarantee control due to the capture of YAMIT PICÓN
RODRIGUEZ and others, the National Prosecutor's Office, on the past twenty-first
April 21 of the year Two Thousand Twenty-One (2,021) I occupied goods of
Property of my representatives EDUARDO FERREIRA ACOSTA, EDUARDO
JOSÉ and JOAN SEBASTIAN FERREIRA URIBE, for the purposes of extinction of
domain in accordance with the resolution issued by the head of the 3rd Prosecutor's Office
Delegate before the Court of the Specialized Directorate for Extinction of
The right of ownership corresponds, among others, to the properties referred to as:

1.-Hacienda La Alejandrina, located in the municipality of La Gloria

Department of Cesar, identified with the cadastral code
203830002000000010007000000000, real estate registration booklet
number 196-7259 of the Public Instruments Registration Office
Aguachica–Cesar, owned by Mr. EDUARDO FERREIRA ACOSTA,
identified with the citizenship ID number 72.042.3391, as stated
in the corresponding certificate of tradition and freedom.
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

Public Instruments of Aguachica–Cesar, owned by the brothers

EDUARDO JOSÉ FERREIRA URIBE and JOAN SEBASTIAN FERREIRA URIBE,
identified with the citizenship ID numbers 1098787008 and
1005372196, respectively.

3.- TRADITION OF THE PROPERTIES:

Hacienda La Alejandrina, a property with an area of Thirty-five

four thousand one hundred sixty-nine point twenty-eight meters
Squares (35+4169.28 m²), property distinguished with the cadastral certificate
number 000-200-010-007-000, property registration sheet number 196-
7259, which was acquired by EDUARDO FERREIRA ACOSTA by purchase
performed for LAURA VIVIANA CLARO BONILLA, as stated in the Deed
Public number One Hundred Sixty-One (161) of the Fifteenth (15) of July of Two
One thousand nineteen (2,019) granted at the Only Notary of the Circle of Pailitas–
Cesar.

Hacienda La Alejandrina was acquired by LAURA VIVIANA CLARO BONILLA

for purchase made to FABIAN ALFONSO OLIVARES MERCADO, according to
Public Deed number Three Thousand One Hundred Fifty-Four (3,154) of
Twenty-sixth (26th) of July Two Thousand Eighteen (2,018) granted by the Notary
Quinta del Círculo de Bucaramanga.

The Brazil, located in the El Trapiche neighborhood of the municipality of La Gloria

department of Cesar, with a surface area of thirty-two
Hectares plus Five Thousand Three Hundred Seventy-Five point Thirty-Seven (32
has + 5.375.37 m2), cadastral record number 00-02-0001-0656-000, folio of
real estate registration number 196-45841, the property was acquired by
EDUARDO JOSÉ FERREIRA URIBE and JOAN SEBASTIAN FERREIRA URIBE for
purchase made to NIVIA PICÓN RODRIGUEZ, as stated in the Deed
Public number One Hundred Sixty-Four (164) of October Seven (7) of
year Two Thousand Twenty (2,020) granted by the Sole Notary of the Circle of
Pailitas department of Cesar.

The El Brasil property was acquired by NIVIA PICÓN RODRIGUEZ by purchase.

performed by LINA FERNANDA ASCANIO DELGADO, according to Public Deed
number Three Hundred Seventy-Six (376) of the Twenty-Third (23) of March of
year Two Thousand Eighteen (2,018), granted by the Sole Notary of the Circle of
Aguachica–Cesar.

4.- LEGAL AND MATERIAL RELATIONSHIP OF THOSE AFFECTED WITH THE

ASSETS SUBJECT TO OCCUPATION FOR THE PURPOSE OF EXTINCTION OF
DOMAIN.
Through a private document called SALE PURCHASE CONTRACT
FROM A FARM, signed between YAMIT PICÓN RODRIGUEZ called
THE SELLER and EDUARDO FERREIRA ACOSTA referred to as THE
BUYER, a sales contract was concluded containing the
following clauses:

FIRST. Object: THE SELLER agrees to sell and THE BUYER

to buy the right of ownership and possession represented in Two (2)
farms called "HACIENDA LA ALEJANDRINA" identified with
Real estate registration No. 196-7259 consisting of THIRTY-FIVE
FOUR THOUSAND ONE HUNDRED SIXTY-NINE METERS
SQUARES (35H 5,169 M2) approximately, located in the village
La Mata, jurisdiction of the municipality of La Gloria–Cesar and 'FARM THE
BRAZIL identified with real estate registration No. 196-45841 established
for THIRTY TWO HECTARES (32H) approximately, located in
the path La Mata, jurisdiction of the municipality of La Gloria–Cesar.
SECOND: TRADITION. The farms subject to this PURCHASE SALE were
acquired by THE SELLER through a purchase made. THIRD: VALUE: The
the value of the properties is the sum of ONE BILLION SEVEN HUNDRED MILLION OF
AMOUNT ($1,700,000,000) M/CTE that THE BUYER will cancel
In the following manner, TWO (2) properties will be delivered "HATO GRANDE"
identified with real estate registration No. 192-6331 constituted by
SIXTY-ONE HECTARES (61H) approximately, located in the
Raices Bajas path, jurisdiction of the municipality of Pelaya–Cesar and "THE
SPRING identified with real estate registration No. 192-18679
consisting of THIRTY HECTARES (30H) municipality of Pelaya–Cesar,
evaluated at the sum of NINE HUNDRED MILLION PESOS
($900,000,000) M/cte, and the remaining money for the sum of
EIGHT HUNDRED MILLION PESOS ($800,000,000) M/cte, will be
seven hundred fifty million
FROM PESOS ($750,000,000) MCTE, at the signing of this contract and
FIFTY MILLION PESOS ($50,000,000) MCTE for a term
maximum of one year, counted from the date (without interest). FOURTH:
Other obligations: THE SELLER guarantees to the BUYER that the
right over the promised properties in the sale, the free delivery of
liens, seizures, civil lawsuits, lease agreements by deed
public, resolutory conditions, limitations of domain, censuses, antichresis,
pending lawsuits, etc., will likewise be delivered as settled and clear of everything.
tax, valuation and contribution for municipal services.
THE SELLER is obliged to provide indemnity for eviction and to respond for
any lien and action that may arise and that will respond for any
defective or hidden vice of the promised good for sale. FIFTH:
Expenses: the expenses incurred for the legalization of this contract, as well
as the notarial fees will be borne by EQUAL PARTIES. THE
SELLER shall make real and material delivery of the goods within a period of 90
days counted from the date. SIXTH: The parties declare that the
The property named "EL MANANTIAL" is in the process of restitution.
of Lands and in case the ruling is not in favor, the due will be made
return of the property called 'El Brazil', and the seller will make the
return of the respective remaining surplus. Having read this document
and they expressly give their assent to what is stipulated and sign as it appears,
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

5.- ON THE CAUSES INVOKED REGARDING THE PROPERTY SUBJECT TO THE

ACTION ARTICLE 16 CED:

Number One: "Those who are a direct or indirect product of a

illegal activity.

Fourth numeral: "Those who are part of a patrimonial increase do not

justified, when there are knowledge elements that allow
reasonably consider that they originate from illicit activities.

6.- CHAPTER IX. OF THE LEGALITY CONTROLS C.E.D.

Article 111 - LEGALITY CONTROL OF MEASURES

MEASURES.

Article 112.- PURPOSE AND SCOPE OF LEGALITY CONTROL OVER

PRECAUTIONARY MEASURES. The legality control will aim to review the
formal and material legality of the precautionary measure, and the competent judge will only declare the
illegality of the same when any of the following circumstances occur:
1.- When there are not sufficient minimum elements of judgment to consider that
probably the affected goods with the measure are linked to some cause
of domain extinction.
2.- When the implementation of the precautionary measure does not appear to be necessary,
reasonable and proportional for the fulfillment of its purposes,
3.- When the decision to impose the precautionary measure has not been justified.
4.- When the decision to impose the precautionary measure is based on evidence.
illegally obtained.

7.- CIRCUMSTANCES IN WHICH ILLEGALITY IS PREDICATED

7.1.- Regarding circumstance number 1.-

This circumstance is preached from the imposition resolution

precautionary measures, understanding that the investigating entity
conducted a poor research activity specifically
against the assets of my clients, despite that from
raid carried out on September 4, 2020 at the property
called Parcel No. 10 Hacienda La Alejandrina, with the
objective of capturing YAMIT PICÓN RODRIGUEZ and others,
procedure that was attended by EDUARDO FERREIRA ACOSTA,
informing the researchers from that very moment
object of the occupation, interview that was used for
sustain the measures in the following terms:

However, in the search warrant executed on the 4th of

September 2020 to that rural property in the course of the
criminal investigation, Mr. EDUARDO FERREIRA who attended
the diligence gave an interview in which it indicated that it exchanged a
farm located in Raices Bajas (hato grande) in exchange for the
Alejandrina stated that she had made the deal with LAURA CLARO
BONILLA handed over his farm valued at 600 million pesos and
he added 200 million pesos (for a total of 800 million
of pesos, despite the fact that in the public deed of sale it
registered the value at 120 million pesos). Likewise, the estate
HATO GRANDE that took away LAURA VIVIANA was made the
deed for the amount of 55 million, Mr. FERREIRA ACOSTA
he indicated having delivered it for a value of 600 million pesos.
He added that he had decided to sell the RAICES BAJAS estate due to
he didn't have light at that moment, what he finds
support in the conversation held by YAMIT who stated
to be installing a light pole on that property
called HATO GRANDE.

The researchers did not have the care and due diligence to
inquire about the details and specifics of the referred business for
determine the origin and provenance of the goods subject to the
purchase sale contract, however I reiterate, the interview was
used by the Prosecutor's Office to support the imposition of measures
precautionary measures, curtailing the possibility of truly knowing the
contractual process in which EDUARDO FERREIRA intervened
ACOSTA.

That interview was taken within the criminal process followed in

against YAMIT PICÓN RODRIGUEZ and others, initiated by the
Prosecutor's Office 125 of the city of Bucaramanga.

However, the Asset Forfeiture Prosecutor's Office to which ...

it was necessary to expedite the action, despite knowing the information
about the current owners of the real estate
blanket with precautionary measures ordered regarding the same: i).-
The suspension of the dispositive power, ii).- Seizure y, iii).-
Kidnapping.

Mr. EDUARDO FERREIRA ACOSTA made a deal with

YAMIT PICÓN RODRIGUEZ as evidenced by the contract
celebrated, signed and certified before the Sole Notary of
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected] 3165423736

nor the goods offered for purchase to the gentleman.

FERREIRA ACOSTA evidenced an illegal origin or destination and
with the information I had from the seller PICÓN RODRÍGUEZ, no
I was in a position to know the illicit origin of the properties.

7.2.-Circumstance number 2.-

The imposition of precautionary measures such as: i) the suspension of

power device, ii).-Embargo viii).-Seizure on the
property belonging to Eduardo Ferreira Acosta and his children
Eduardo José and Joan Sebastian Ferreira Acosta are considered to
they are unnecessary, disproportionate, and unreasonable, having in
tell the way they acquired the properties.

Protective measures are classified into two types: some of a preventive nature
exceptionally others, ordinary, compared to the exceptional
It requires as a budget that there must be a reason for urgency.
to impose them, such as the deterioration of the asset, the
imminence of distracting or confusing the good to avoid its
persecution, an alienation to third parties, etc., that affectation must
to be supported by evidentiary elements and that urgency
it involves a higher level of probability requirement when
the assets appear in the name of third parties.

In light of the precautionary measures imposed related to the

the assets Brazil and Hacienda La Alejandrina are considered to be:

Unnecessary in the understanding that the Prosecutor's Office established through

of the certificates of tradition and freedom and of the interview
received by EDUARDO FERREIRA ACOSTA that the assets do not
were registered in the name of the questioned person and that those who
appear as current owners, acquired the properties by
during a negotiation that at the date it was signed the
purchase agreement contract was not known
no information that would allow for a reasonable inference that
they had an illicit origin. There was no way to establish that link.
casual as if it happened from the moment of the capture of the gentleman
PICÓN RODRIGUEZ when the dossier was made public
the investigations against him.

The imposition of three (3) precautionary measures: i).- The

registered as third-party owners who can perfectly
gather the requirements that certify the condition of exempt good faith
of guilt, it has been said that the main exceptional precautionary measure
Generally sufficient is the suspension of power.
device, as it is with the inscription and registration to the file
the property registration automatically removes from commerce the
goods, offers protection that prohibits alienation, measure
what is the least harmful, appropriate, and proportional and that against
those affected also have the duty of the State
protect the constitutional right to property when it has been
acquired with good title, requirements and conditions of the law.

The tension of conflicting rights between the State (promote the

action of domain extinction) and the affected (the right to the
property), it shows that that reasoning test only
protected the rights of the State, without verifying the
conditions under which the affected had acquired the properties.

The additional measures of seizure and confiscation with which

the covered properties are unnecessary, in the
understood the purpose of them, with mere suspension
the power device was enough, but beyond that, they have caused
irreparable damage to its owners who were
forced to leave without being able to oppose the materialization from the
April 21, 2021, the date when the Prosecutor's Office took over the
assets, properties that are exploited in the activity of the
cattle ranching, maintaining an average of 200 animals (cattle),
As a consequence of the occupation, the livestock had to be taken out for others.
farms for rent needing to pay Thirty Thousand Pesos ($30,000)
monthly pastures per livestock, incurring in
increase in unjustified expenses to the detriment of the assets of
the affected.

Disproportionately, given that with the mere suspension

of the device power, it is more than enough to take out of the
trade the goods, the mere fact of the advertising measure
registered in the respective real estate registration pages limit the
power of alienation and transfer of real estate what is it
one of the objectives pursued by precautionary measures.

The other measures imposed, namely; the embargo and seizure

are completely excessive and unnecessary considering
that due to lack of verification and investigation by the entity
the accuser, the damages and harm caused would have been avoided.
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

the suspension of the dispositive power and embargo, without being evidenced
in the motivation on which the differentiation was based between
some and others.

7.3.- Circumstance number 3.

The motivation of the resolution subject to the control request,

it generically states that the occupied goods come from
directly from the illicit activity of drug trafficking resulting from the
criminal investigation carried out on YAMIT PICÓN RODRIGUEZ and others,
however, indirectly the decision affects EDUARDO
FERREIRA ACOSTA, his children EDUARDO JOSÉ and JOAN SEBASTIAN
FERREIRA URIBE result of a negotiation that took place
a long time ago from the date of capture of the investigated.

While, the action of forfeiture is an action of

heritage and real nature, in which it is not necessary that
identify, learn to sentence the presumed responsible for the
criminal activity, which is also not equivalent to the criminal process
governed under the aegis of Law 906 of 2004, the truth is that it
must adhere to due process and the decisions made must
be sufficiently motivated and supported with elements of
trial and evidence, and for each asset to exercise the action requires
to conduct the respective analysis and study.

Officials, be they judges or prosecutors, are obligated to

properly justify your decisions as a guarantee of due process
process, moreover that allows for the effective contradiction and
balanced.

The violation of due process is grounds for nullity either for

absolute lack of motivation, incomplete grounding
ideological or ambivalent argumentation or apparent motivation.

The motivation behind judicial decisions makes reality the

right that assists the procedural subjects to know the
factual assumptions, the specific evidentiary reasons, and the judgments
legal logicals on which the official builds the
accusation.

It is this prerogative that makes it possible to exercise control over the

process, as it allows identifying the points that are the reason for
challenges established by the legislator. CSJ SP 41240 M.P.
Eugenio Fernández Carlier.

It should be noted that when a precautionary measure is imposed, the

a competent official must in their functional act (resolution):

i).- With sufficient evidence to consider the link

likely from the good with the grounds for the extinction of domain to invoke
or to use.

ii).- To establish and specify that the implementation of the measure is

show as necessary, reasonable, and proportional for the
fulfillment of its purposes.

iii).- Properly motivate its purpose.

iv).- Avoid having the decision based on illegal evidence.

The duty to justify judicial decisions in this case the

Resolution of the Prosecutor's Office imposing precautionary measures, is
configured as a guarantee within the process that aims to
inform the parties regarding the justice or injustice of a certain
decision and the scope of the issuance of a resolution to a
invoked right or claim, indicating to the actors the reason why
their procedural argument is accepted or rejected. Therefore, the
the foundation of decisions allows for their control.
through the resources imposed by those who feel wronged by
the resolution or sentence"...Interlocutory order 030-2020 of August 25, 2020
Second Court of the Specialized Circuit in the Extinction of Domain of Antioquia Filed
05-000-31-20-002-2020-00017-00

Of the means of evidence related in the resolution of

imposition of measures were:

Judicial Police Report No. 12-410822 dated February 16, 2021.

Digital file that contains the extradition request, the order of

accusation and annexes issued against YAMIT PICÓN RODRIGUEZ alias
Choncha and others...

Judicial Police Report No. 12-410822 (supplementary) dated 8 of

March 2021.

Judicial Police Report No. 12-415712 dated March 8, 2021.

Judicial Police Report No. 12-418708 dated March 18, 2021.

 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected] 3165423736

Judicial Police Report No. 419501 dated March 24, 2021.

Judicial Police Report No. 12-420982 dated March 26, 2021

Judicial Police Reports No. 12-424772 and 12 424785 dated April 16

2021.

Judicial Police Report No. 12-425531 dated April 19, 2021.

Judicial Police Report No. 425532 dated April 19, 2021.

Field researcher report dated August 6, 2020 in which it

properties acquired by YAMIT PICÓN RODRIGUEZ, ZULAY were identified
ARGOTA PALLARES and DIOMEDES BARBOSA MONTAÑO...

Field investigator report dated August 14, 2020, submitted

within the criminal investigation conducted by the specialized prosecutor's office 125
attached to the Specialized Directorate against Organized Crime DECOC with
headquarters in Bucaramanga, an analysis of the purchasing negotiations is conducted
sale of properties by YAMIT PICÓN RODRIGUEZ, ZULAY ARGOTA
PALLARES and DIOMEDES BARBOSA MONTAÑO and the deeds were obtained
public purchase and sale agreements that formalized those transactions.

In the content that appears related in the evidence.

what motivates the Resolution that decreed the precautionary measures, not
It is observed that in the notes they refer to the properties El Brasil and
Hacienda La Alejandrina nor its owners.
EDUARDO FERREIRA ACOSTA, EDUARDO JOSÉ and JOAN
SEBASTIAN FERRIRA URIBE, their names appear in the
numeral 6.2.5 Assets acquired by NIVIA PICÓN RODRIGUEZ and
6.2.8 Goods acquired by VÍCTOR DANIEL CLARO BONILLA,
LAURA CLARO BONILLA and members of her family unit.

Let this be an opportunity to inform that EDUARDO FERREIRA

ACOSTA and his children EDUARDO JOSÉ and JOAN SEBASTIAN
FERREIRA URIBE is not linked to any process.
penal, they have nothing to do with the investigation carried out on
YAMIT PICÓN RODRIGUEZ and others, their current situation within
the action of forfeiture of domain is linked to the negotiation that
It was carried out between EDUARDO FERREIRA ACOSTA and YAMIT PICÓN
RODRIGUEZ contract signed on June 12, 2019
in which there was no knowledge of the judicial situation of the
Mr. PICÓN RODRIGUEZ.
8.- SUPPORT FOR THE REQUEST FOR LEGALITY CONTROL

The Prosecutor's Office in the resolution through which it imposed measures

precautionary measures in numeral 6.2.5 titled Acquired Goods by
NIVIA PICON RODRIGUEZ refers to the rural property
denominated BRAZIL, in the following terms:

"subsequent to the capture of his brother YAMIT PICON"

RODRIGUEZ and the advertisement of the arrest warrant for purposes of
existing extradition against his other brother JAIME MIGUEL PICON,
both linked to the GAO ELN and the illegal business of
drug trafficking, Mrs. NIVIA PICON RODRIGUEZ decided to alienate
this asset, through public deed number 164 of the 7 of
October 2020, in favor of Mr. EDUARDO JOSE AND JHOAN
SEBASTIAN FERREIRA URIBE, for the amount of 110 million pesos,
negotiation that is undoubtedly another manifestation of the
modus operandi of the gentlemen PICON RODRIGUEZ to hide the
origin of this asset and avoid its pursuit before the publicity of
"his criminal activities." This is affirmed by the Prosecutor's Office.

The Prosecutor's Office justifies the Resolution of the imposition of measures

precautionary measures indicating that with the alienation of the asset by
NIVIA PICÓN RODRIGUEZ to the brothers FERREIRA URIBE,
it obeys a concomitant operation to the capture of its
brother YAMIT and to the publicity of the arrest warrant for purposes
the existing extradition against his other brother JAIME MIGUEL
PICÓN, both linked to the GAO ELN and the illicit business of
drug trafficking, referring that such action is a manifestation of
method of operating to hide the origin of the asset and avoid its
persecution, mistaken reasonable inference by the entity
accuser, given that the rural property El Brasil was the subject of
of negotiation according to the private document called
PURCHASE AND SALE CONTRACT OF A LAND entered into between
YAMIT PICÓN RODRIGUEZ as a SELLER and EDUARDO
FERREIRA ACOSTA as the BUYER, celebrated on the day
June 12, 2019, duly signed and
authenticated before the Only Notary of Aguachica –Cesar,
information and document that surely the Prosecutor's Office
I was unaware and that certifies and proves the aforementioned.
negotiation.

In the specified contract, YAMIT PICÓN RODRIGUEZ sold to

EDUARDO FERREIRA ACOSTA the properties known as Hacienda
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

requested in the process of Land Restitution, being in

the administrative stage being carried out by the Administrative Unit
Special Management of Restitution of Stolen Lands
UAEGRTD - agreeing between the parties that in the event of
may the request for Restitution prosper EDUARDO FERREIRA
ACOSTA committed to returning the El Brasil property to
SELLER YAMIT PICÓN RODRIGUEZ and the SELLER YAMIT
PICÓN RODRIGUEZ will reintegrate the surplus to the BUYER
EDUARDO FERREIRA ACOSTA, this was established in the
respective Resolutory clause:

SIXTH: The parties state that the property known as 'THE SPRING' is
find in the process of Land Restitution and in case the ruling does not
Once the favor is granted, the proper return of the property called 'El Brazil' will be made.
and the seller will refund the respective remaining surplus.

The resolutory condition is enshrined in the general theory of

obligations arise from the agreement of wills in the face of a
future and uncertain fact that when fulfilled extinguishes a
law that affects the property interests of the contracts,
it is a subjective right of extinction, which allows the
the affected contractor to terminate a legal relationship
particular.

The cited stipulation was the reason why it was not notarized.
by public deed the purchase made of the property El Brasil
in due time, as indeed was done with the properties
La Alejandrina and Hato Grande properties subject to sale
of the contract.

The property El Manantial that YAMIT PICÓN RODRIGUEZ bought,

find with precautionary measure of suspension of power
device ordered by the Land Restitution Unit
(Note No. 08 IMF 192-18679 Registry office
Public Instruments of Chimichagua–Cesar), waiting for
the results of the process.

With the detention of YAMIT PICÓN RODRIGUEZ known, what is

the BUYER wanted to ensure the good THE BRAZIL,
every time, since the stipulated price had already been paid, what
it was pending to carry out the respective writings and
Land Restitution process, valid and reasonable situation
opportune in an unexpected situation where the part
BUYER upon learning of the arrest of the one who sold to her, decides
act to protect your assets to the utmost, never to
attempt to confuse, transfer, or hand over to third parties the
building El Brasil to prevent persecution by the State,
just as what happened does not correspond to what the Prosecutor's Office
denotes what is the modus operandi of the gentlemen PICÓN
RODRIGUEZ to conceal the origin of that asset, but instead
protection and support in the contract signed some time ago with YAMIT
PICÓN RODRIGUEZ, it was the opportunity to finalize the purchase,
whoever has the opportunity to reiterate, that for the date of
the respective negotiation having been carried out, there was no information nor
knowledge that he was being investigated for activities
criminal.

Now, the Prosecutor's Office states in the following paragraph that the
acquisition of the property by the FERREIRA URIBE does not
preaches good faith free from blame, having not acted upon
diligent and prudent manner in materializing the negotiation
questioned with Mrs. NIVIA PICÓN RODRIGUEZ who is
sister of two people publicly identified as
members of a subversive group and also accused by the
Government of the United States being involved in trafficking
illicit drug trafficking for terrorism purposes, given its
membership in the Eastern War Front La Magdalena.

Well, let it be the time to remember that the negotiation of

the goods made between YAMIT PICÓN RODRIGUEZ and EDUARDO
FERREIRA ACOSTA took place on June 12, 2019.
as evidenced by the aforementioned contract, date by which,
there was no public or private knowledge of the activities
exercised by Mr. YAMIT PICÓN RODRIGUEZ, much less
that was immersed in the world of organized crime
as reported by both national and
foreigners, information that if known at that date,
with complete certainty, this negotiation had not been
carried out by the risk it represents, specifically in
dealing with people who have no connection to activities
illicit as is evidenced by the conduct of EDUARDO FERREIRA.
ACOSTA.

The FERREIRA URIBE brothers appear on the plane as

owners of the property El Brasil, for the purchase made from their father
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

permitted by civil and commercial law, socially accepted and

that in its teleology, what it evidences is will
and a father's desire for his children to embark on their own
business and be creators of their own heritage whose purpose
it is nothing less than ensuring them economic stability.

It cannot be considered in any way that the brothers

FERREIRA URIBE, have provided their identities to acquire
a good with the purpose of confusing it, losing it, transferring it,
distract him or take him out of the sight of the authorities who
they chase, simply obey the result of protecting, taking care,
to safeguard, to have ownership and dominion over an acquired asset
legally by their parent, they cannot be framed or labeled.
in what is colloquially known as front men, the
behavior displayed aimed at protocolizing the purchase of
building days after the capture of YAMIT PICÓN RODRIGUEZ,
represents the need to close and/or finalize a business
performed fifteen (15) months earlier in accordance with the rightful title and
the legal demands and formalities, is the logical reaction and
normal for any person unrelated to criminal activity who
faces a particular situation such as feeling surprised
of having done business with people who at any moment
others are labeled narco-terrorists.

Another error made by the Prosecutor's Office lies in: "that for it to be
the action of a third-party acquirer is considered to be in good faith
exempt from blame must have conducted investigations
additional" to not only have awareness but also the
certainty of the lawful origin of the acquired asset, action that the
FERREIRA ACOSTA did not deploy before the acquisition of a
building located in an area where the PICÓN RODRIGUEZ are
recognized for their economic activities in that sector of
department of Cesar, therefore if those people had
if acted diligently would not have acquired a property in
head of the sister of people marked as being
narcoterrorists both in local media and in the
nationals, especially since according to the Public Deed of
The sale indicated that those people claimed to be residents of the Municipality.
of Pelaya–Cesar.

As has been said time and again, the purchase of the rural good
called The Brazil and others, took place on June 12
signed by YAMIT PICÓN RODRIGUEZ in the capacity of
SELLER and EDUARDO FERREIRA ACOSTA in the capacity of
BUYER, at the time this occurs
negotiation, be the opportunity to express that in the
municipality of Pelaya Cesar department, it was not had
knowledge of the criminal activities that are attributed to him
SELLER, knowledge that became public from day 4
September 2020, the date on which his capture took place.
and the media spread the news of his
criminal record, that is to say a year and three months after
the purchase contract of goods has been concluded
real estate is that activities start to be known
irregulars to which it was allegedly dedicated the
Mr. PICÓN RODRIGUEZ YAMIT.

EDUARDO FERREIRA ACOSTA has ties to the region of

Pelaya department of Cesar, since April 5, 2011,
date when accompanied by his wife MARÍA CLEOFE URIBE
MEZA acquires through a purchase made from JORGE ELIECER DIAZ
FLÓREZ the property called Hato Grande located in the area
Low Roots and February 17, 2012 MARÍA CLEOFE URIBE
MEZA buys the rural property from MANUEL GOMEZ GUALDRÓN
called The Spring, located in the same area, these
goods were subsequently acquired by Mr. EDUARDO
FERREIRA ACOSTA, from the award in liquidation of the
marital community as a result of the separation from the lady
MARÍA CLEOFE URIBE MEZA, processed in the Seventh Notary
(7th) of the Bucaramanga Circle, as stated in the Deed
Public number Two Thousand One Hundred Four (2,104), dated 03 of
May of the year Two Thousand Nineteen (2019), duly registered.
at the Office of Public Instruments Registry of
Chimichagua–Cesar, to the real estate registration pages.
numbers 192-18679 and 192-6331, respectively.

The FERREIRA URIBE brothers when they testified before the

We must be residents of the municipality of Pelaya –Cesar,
they corroborate the attachment to the area, a bond that is generated by virtue
from the properties owned by his/her parent, El Manantial and Hato
Large, located in the area of Raices Bajas of that municipality, not
they were neither ghosts nor did they stray from the truth.

The signing of the public deeds with NIVIA PICÓN RODRÍGUEZ

the sister of a well-known narcoterrorist as referred to by the
authorities, corresponds to the act to formalize the purchase of
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

business enjoyed a good reputation, a good name and

acceptance by society and professional circles related to the activity
commercially known as livestock.

With the arrival in the Pelaya region, since the year 2011
EDUARDO FERREIRA ACOSTA begins to make contact with
inhabitants of the area, especially with people dedicated to the
cattle raising activity and among those people, he meets VICTOR
OF COURSE, with whom it establishes a commercial buying relationship and
sale of cattle, as a result of that activity a
relationship of friendship and trust, it is the same VICTOR CLARO the
that presents to YAMIT PICÓN RODRIGUEZ during the fairs and
festivals that took place at the beginning of January of
year 2018 in Pelaya Cesar, relating it to a cattle rancher
more, a person of his absolute trust for future activities
commercials.

In the Resolution for the imposition of precautionary measures, the Prosecutor's Office
On repeated occasions, it relates to VICTOR DANIEL CLARO
BONILLA, literally as: "a trusted collaborator of the
Mr. YAMIT PICÓN RODRIGUEZ is in charge of the administration.
of his assets and the livestock business, collaborates with the
necessary documentation for the purchase and transfer of
automotive transactions conducted by YAMIT PICÓN in his name or of
third parties; moreover, he acquired a vehicle in his name that
determined in the course of that initial phase, then was negotiated by
PICÓN RODRIGUEZ as part of the payment for one of its
properties

The intercepted conversations prove the relationship of

existing trust between Victor and Yamit and the determined
collaboration that Victor and his sister Laura lend to Yamit in
the handling and management of assets of illicit origin, as well as
the knowledge that Victor has of the criminal activities of
Yamit, in some conversations, coded language is used.
to discuss allegedly illegal matters.

Now, in this initial phase, assets were identified in the name of

illicit activities carried out by Yamit, as those people apparently have
acquired goods to contribute to the concealment of assets
spurious and giving them the appearance of legality through the exercise of
the livestock activity. This, considering that both Victor
Daniel, like his sister, does not report any economic activity.
different from livestock farming which they develop under the orders of
Yamit Picón Rodríguez, both are not reported in databases.
public labor linkage some and in the general system of
health are registered as affiliates under the modality of
subsidized regime.

For her part, LAURA VIVIANA CLARO BONILLA, acquired the

HATO GRANDE building identified with the registration folio
real estate No. 192-6331 located in the municipality of Pelaya, for
purchase made through public deed No. 162 of the 15th of
July 2019, negotiation made with Mr. EDUARDO
FERREIRA ACOSTA, for the amount of 55 million pesos.

Additionally, it is important to mention this property

next intercepted conversation in which YAMIT refers to
this property as a good purchased by him: ID 1017974523 from
date May 19, 2020: "Yamit told Efraín that he requires
to know the data of what he owes, on the other hand Yamit stated that he had
bought a plot of land in the "Raíces" neighborhood (SP) and requires 17
cable meters from the light pole to the meter, Efraín
he stated that there are several people from the path who have been
placing the order for the cable, confirming that the cable would be
arriving next week.

The recorded conversation reaffirms what EDUARDO stated.

FERREIRA ACOSTA when in the interview they received him
he stated that one of the reasons for having decided to sell his
buildings located in the area of Raices Bajas, was due to the lack
of electric light in the area.

Now, in the year 2018 through the public deed No.

3154 of July 21, LAURA VIVIANA CLARO BONILLA acquired the
building named SAN PEDRO, PARCEL No. 10 Hacienda LA
ALEJANDRINA, located in the municipality of La Gloria–Cesar with
35 hectares, worth 105 million pesos, for purchase
made to FABIAN ALFONSO OLIVARES MERCADO. Subsequently,
 JAIRO PEÑALOZA CAMACHO
Specialist Lawyer in Criminal Law
[email protected]

"Nevertheless, in the search warrant executed on the 4th of

September 2020 to that rural property in the course of the
criminal investigation, Mr. EDUARDO FERREIRA who attended
the diligence gave an interview in which it indicated that it exchanged a
farm located in Raices Bajas (Hato Grande) in exchange for the
Alejandrina claimed to have made the deal with LAURA CLARO
BONILLA gave him his farm valued at 600 million pesos and
he added 200 million pesos (for a total of 800 million
of pesos, despite the fact that in the public deed of sale there
registered the value for 120 million pesos). Likewise, the estate
HATO GRANDE that alienated LAURA VIVIANA was made the
writing for the amount of 55 million, Mr. FERREIRA ACOSTA
he indicated having delivered it for a value of 600 million pesos.
He added that he had decided to sell the RAICES BAJAS farm due to
he did not have light at that moment, what he finds
support in the conversation held by YAMIT who assured
to be installing a light pole on that property
called HATO GRANDE.

It's a good thing that the Prosecutor's Office is the one tasked with qualifying.
the existing relationship between YAMIT PICÓN RODRÍGUEZ and VICTOR
DANIEL CLARO BONILLA, as a link of absolute trust,
more than a friendship, he refers to him as his main collaborator, the
person in charge of managing not only some estates
unless the livestock of his property, to buy foreign currency (euros and
dollars), responsible for the management and administration of assets of
illicit origin, of the knowledge he has of the activities
criminal activities of Yamit as in some conversations he uses
ciphered language to speak about allegedly illicit matters.

There are serious and numerous valid reasons that allow

reasonably infer that VICTOR DANIEL CLARO BONILLA
supported by the position of absolute trust that he holds with
YAMIT PICON RODRIGUEZ takes advantage of friendship and
trust granted by EDUARDO FERREIRA ACOSTA for
to relate it and end up tangled with YAMIT PICÓN RODRIGUEZ,
in seemingly legal businesses, even in those that appear
seriously compromised her sister LAURA VIVIANA CLARO
BONILLA, of whom the Prosecutor's Office also did not hold back the qualifier.
In the business conducted between PICÓN RODRIGUEZ and FERREIRA
ACOSTA, it is evident that the property Hacienda La Alejandrina
was listed as the owner LAURA VIVIANA CLARO BONILLA.
that the promising BUYER asks his promisor
SELLER of why that situation, the response obtained by
EDUARDO FERREIRA ACOSTA on behalf of YAMIT PICÓN
RODRIGUEZ was a source of reassurance to him when he responded.
to FERREIRA ACOSTA that the person who appeared as
the owner was trustworthy and there was no problem to
continue with the business, moreover, he indicated to him that one of the
the properties he had bought will be deeded to LAURA
VIVIANA, reason for which the property known as HATO GRANDE
it was formalized through Public Deed number 162 of the 15
from July 2019 granted by the Sole Notary of Pailitas
Cesar 192-6331 in the name of LAURA VIVIANA CLARO BONILLA, the
that revalidates the degree of trust that he/she warned with certainty
my accuser.

The position in which EDUARDO FERREIRA ACOSTA was located

it made it impossible: i) to know the origin of the goods
offered for sale by YAMIT PICÓN RODRIGUEZ were of origin
unlawful yii).-nor was he in a position to warn that
those assets were of illicit origin.

Firstly, considering that by the date of the negotiation 12

As of June 2019, there was no knowledge of the activities.
criminal activities that YAMIT PICÓN RODRIGUEZ was dedicated to,
Pelaya's jurisdiction went unnoticed; those who knew him...
they referred to him as a landowner with livestock activity, person
that did not show the criminal profile that the authorities
attribute.

The origin of the goods was evidently lawful, the study of titles and
documentation given by owners to NIVIA PICÓN RODRIGUEZ and
LAURA VIVIANA CLARO BONILLA, people who, like
YAMIT PICÓN RODRIGUEZ did not register public information about
his personal and property life, and in grace of discussion for the
business date June 12, 2019 was of a spring
exclusive of the ATTORNEY GENERAL'S OFFICE of the NATION
investigation that was being conducted against YAMIT
PICÓN RODRIGUEZ for activities related to the
drug trafficking, conspiracy to commit crimes, stage in which the
reservation is the limitation that prevents anyone
the criminal proceedings may take notice of it
 JAIRO PEÑALOZA CAMACHO
Specialist lawyer in Criminal Law
[email protected]

9.- GOOD FAITH EXEMPT FROM BLAME

EDUARDO FERREIRA ACOSTA celebrated a buying and selling deal

of rural properties with YAMIT PICÓN RODRIGUEZ, where
Primrose committed to selling the second farms.
called El Manantial and Hato Grande located in the area
from Raices Bajas of the municipality of Pelaya, department of Cesar
and reciprocally, the second sells to the first the properties
Hacienda La Alejandrina and El Brasil, located in the La
Subject to the jurisdiction of the municipality of La Gloria, department of
Cesar, the details and particulars were stipulated in the
promise to sell contract signed on June 12
from the year 2019.

When EDUARDO FERREIRA ACOSTA learns that the assets

offered for sale are not in the name of YAMIT PICÓN
RODRIGUEZ asks him to explain the situation and it's when he
It informs that the property El Brasil, the owner is her sister.
NIVIA PICÓN RODRIGUEZ and from the Hacienda La Alejandrina who
The figure as owner is a person of absolute sums.
trust referring to LAURA VIVIANA CLARO BONILLA, but
that there was no problem, since the true owner
he was from the farms.

It is proven that NIVIA PICÓN RODRIGUEZ is a sister of

YAMIT PICÓN RODRIGUEZ is also documented by the
Prosecutor the level of trust of LAURA VIVIANA CLARO BONILLA
with YAMIT PICÓN RODRIGUEZ, established relationship of the
listens to the phone interceptions ordered within the
criminal process that ended with his capture and that of other people
more.

The signing of the purchase and sale contract took place on the 12th.
in June 2019, at the time there was no knowledge or
information about the background or exercise of activities
criminal activities developed by YAMIT PICÓN RODRIGUEZ did not generate
distrust if one takes into account that the person who gives it
presents EDUARDO FERREIRA ACOSTA, he was his friend VICTOR
DANIEL CLARO BONILLA, whom I had met years earlier,
practically when he arrived in the region, with whom he had interacted
buying and selling livestock businesses generating a friendship and
trust, it is the same VICTOR DANIEL who 'sells it' in the
honorable person without questioning, a situation that for him
moment when the negotiation took place EDUARDO FERREIRA
ACOSTA neither knew nor was in a position to know that
tainted origin of the goods he was buying, under those conditions
when acquiring properties of illicit origin, I did not know that
these goods were of illicit origin nor was in possession of
to report that illicit origin, no person can be required to do so
impossible to transfer a burden that even the State is not
Able to fulfill.

It is timely to reiterate that from the criminal activities that are attributed to him

YAMIT PICÓN RODRIGUEZ was informed about

from the moment of his capture and arrest realized on the day
September 4, 2020, the date when the media
local, national, and international communications were made
make their identity public, moving from anonymity to turning it into
notorious criminal, prior to this date his behavior
It was framed within the normality of the common.
society made it impossible for EDUARDO FERREIRA ACOSTA
knew or could detect the illicit activities for which it is
accused by the different authorities, news received with
surprise and concern.

The properties on which we believe should be exercised the

action for the extinction of domain in relation to the investigated PICÓN
RODRIGUEZ are Hato Grande and El Manantial, lands that
acquired under the sales contract entered into with
EDUARDO FERREIRA ACOSTA.

10.- SPECIAL REQUEST

In accordance with the above, with the usual respect,

I respectfully request the Honorable Criminal Judge of
Specialized Circuit for Domain Extinction with Function of
Guarantee Control, declare the illegality of the measures
precautionary measures that register the properties El Brasil and Hacienda La
Alejandrina within the process of Action for Extinction of Domain
from the reference and consequently order the cancellation of the
provisional measures, order the return and delivery
material of the properties, with the understanding that private property
it is the object of constitutional protection, according to Article 58
Superior and through international instruments like the
Universal Declaration of Human Rights in its Article
17, and the American Convention on Human Rights, Article
 JAIRO PEÑALOZA CAMACHO
Specialist criminal lawyer
[email protected]

JAIRO PEÑALOZA CAMACHO

C.C. 91.178.783
TP 177.125 C.S. of the Judiciary

Annexes:

1.- Purchase and sale contract for a property entered into on June 12, 2012 between
YAMIT PICÓN RODRIGUEZ and EDUARDO FERREIRA ACOSTA. Two (2) sheets.

Public Deed No. 161 of July 15, 2019, Sole Notary of Pailitas–Cesar
EDUARDO FERREIRA ACOSTA
Hacienda La Alejandrina FMI 192-7259. Four (4) pages.

3.- Certificate of Tradition and Freedom FMI 192-7259. Four (4) pages.

4.- Public Deed No. 164 of October 7, 2020, Sole Notary of Pailitas–Cesar,
EDUARDO JOSE FERREIRA JOAN SEBASTIAN FERREIRA URIBE
NIVIA PICÓN RODRIGUEZ, property El Brasil FMI 196-45841. Three (3) pages.

5.- Certificate of Tradition and Freedom FMI 196-45841. Two (2) pages.