101
141. As mentioned above, the State did not include the next of kin of the victims in
its acknowledgment of responsibility, for which reason the Court will address
whether, in the instant case, the State breached Article 5 of the Convention to the
detriment of the next of kin.
142. The Court deemed it proven that the inhabitants of Mapiripán were subjected
to conditions of terror between July 15 and 20, 1997. Several of them witnessed how
the paramilitary took away their next of kin, heard them scream for help while they
were tortured, heard about or witnessed how the bodies were thrown into the river,
and in two cases they found their tortured bodies. The facts in the case show the
deep fear, suffering and grief of the next of kin of the victims, as a consequence of
the facts and the level of atrocity to which they were subjected. This situation is
shown by the words of some of the next of kin of the victims who testified in the
proceeding before this Court:
a) Carmen Johanna Jaramillo:
When I approached I recognized him, I recognized the sweatshirt that he was wearing
and everything, and it was my father. I sat next to him and lost control of everything
mentally, I almost went mad, they were going to cover him, I said don’t cover him, he’s
going to wake up. I squatted next to him and lifted his head to my legs and his throat
was slit. My father had cuts on his face, they had tied him with a black nylon, I said
“why did they tie him if he wasn’t bad?” I stayed with him, crying, for three hours until
they took me away. I could not believe it, he was very good, he helped people who had
nothing to eat […]. They killed him because supposedly he collaborated with the guerrilla
forces. We were going to take him out but they didn’t let us. The paramilitary said that
where they killed someone, that person remained there […].208
b) Maryuri Caicedo Contreras:
When we turned around I asked where my father and brothers were, they were no
longer behind us. People came out of their houses and cried, they told my mother not
to go back because they could kill her and her children. My mother cried, we began to
look for them, we went to look for them by the river. I saw people who had been
thrown into the river, I saw some people only the body, with no hands, no body, no
head. We looked everywhere and could not find him.209
c) Nadia Mariana Valencia Sanmiguel:
According to some people, my father was decapitated, they played soccer with my
father’s head, and his head was ten meters from his body.[…] I only saw one of my
father’s legs as he was taken by in a pick-up truck.210
d) Mariela Contreras Cruz:
[T]here are a lot of missing people and [for] this reason they did not find the bodies,
only parts, and I heard of this through comments by the widows and orphans.[…] there
was a woman whom they called Marta and her nickname was the Guajira and she lost all
208
See statement rendered as testimony before a notary public (affidavit) by Carmen Johanna
Jaramillo Giraldo on February 4, 2005 (file with statements rendered before or authenticated by a notary
public, page 4540).
209
See sworn statement rendered by witness Maryuri Caicedo Contreras on February 16, 2005 (file
with statements rendered before or authenticated by a notary public, page 4569)
210
See statement rendered as testimony before a notary public (affidavit) by Nadia Mariana
Valencia Sanmiguel on February 4, 2005 (file with statements rendered before or authenticated by a
notary public, pages 4535 and 4536).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents