33.
On May 18, 1993, Ms. Vergara filed a complaint before the PGN.45 On May 20, 1993, the PGN
ordered the initiation of the preliminary investigation. The main proceedings carried out in this investigation
are summarized below.
34.
The circumstances of day and time of the disappearance of the alleged victim were
reconstructed from the statement of four testimonies carried out by the PGN, who were taken to four persons
who were close to the Kennedy School on May 13, 1993. It is also stated in the file that the PGN carried out
several proceedings related to the intelligence actions performed regarding Pedro Julio Movilla Galarcio. The
results of these proceedings led the PGN to affirm that the “records registered in the Intelligence Bureau about
Pedro Julio Movilla indicate that due to his activity, he was subjected to persecutions by the military intelligence
service.”46 Moreover, on the testimonial level, the PGN took statements from witnesses of the persecution and
interest of intelligence bodies on Pedro Julio Movilla Galarcio. The relevant content of this examined evidence
has already been referred to in the present report in the description of the facts.
35.
The IACHR observes that the petitioners requested the PGN to investigate before the National
Army the motives, time and sources of the intelligence reports. However, this request was rejected given that
in the disciplinary investigations, the complainant was not considered as a party to the proceedings.47
36.
In relation to the shootings heard on May 13, 1993, and the arrest of an intoxicated individual
who had allegedly fired them, there are several proceedings stated in the record to clarify such events in the
terms already described in the present report.48
37.
The Commission observes that, in this line of investigation, the PGN recorded its visit to the
Criminal Court No. 51 and confirmed the existence of a criminal proceeding against Mr. Pabón of the year 1991,
which reveals that by February 26, 1991, he was “an informant of the Dijin, of the F-2 (…)” highlighting that
“one gains commissions there” and that he worked with captain Ramírez, Chief of the Anti-Kidnapping squad
and with Mr. Correa and Mr. Grijalba, of the same group.49 The petitioners requested the PGN to investigate the
officer of Station No. 100 who released Mr. Pabón and who returned the gun to him. However, this request was
rejected given that in the disciplinary investigations, the complainant was not considered as a party to the
proceedings.50
38.
The IACHR observes that there are several proceedings carried out by the PGN aimed at
identifying the whereabouts of Mr. Pabón. In this sense, the course of the proceedings to the Customs Office51
and Land Registry52 are recorded in the file, for example, for the determination of a domicile to which Mr. Pabón
can be called to declare. Moreover, it is observed that the interception of his communications (beeper) was
ordered in October, 1993.53
Annex X. PGN, Record No. 008-139893. Complaint filed by Candelaria Vegara. May 19, 1995. Annex to the petitioners’ communication of
January 28, 2012.
46 Annex X. PGN, Record No. 008-139893. Report on the preliminary observation ordered on June 17, 1993. Annex to the petitioners’
communication of January 28, 2012.
47 Annex X. PGN, Record No. 008-139893 Communication of April 05, 1995. Annex to the petitioners’ communication of January 28, 2012.
48 Annex X. PGN, Record No. 008-139893. Office of the Metropolitan Police, Station 100 to the PGN. May 27, 1993. Annex to petitioners’
communication of January 28, 2012; Annex X. PGN, Record No. 008-139893. Evaluation report on investigation proceedings. June 4, 1993.
Annex to petitioners’ communication of January 28, 2012; Annex X. PGN, Record No. 008-139893. Sworn statement by Ramiro Bohórquez
Neuta. December 15, 1993. Annex to the petitioners’ communication of January 28, 2012.
49 Annex X. PGN, Record No. 008-139893. Report on the special visit carried out at the Circuit Criminal Court No. 51. Criminal proceeding
C-545 against Pedro Julián Pabón Díaz for the crimes of illegal possession of guns, bribery, overtaking of public office and uttering of
counterfeit currency. Office of Special Investigations of the PGN. December 14, 1993. Annex to the petitioners’ communication of January
28, 2012.
50 Annex X. PGN, Record No. 008-139893. Communication of April 05, 1995. Annex to the petitioners’ communication of January 28, 2012.
51 Annex X. PGN, Record No. 008-139893. Record of the Special Visit to the Office of Division of Documentation, Department of National
Tax and Customs for individuals, Santa fe. Bogotá. November 4, 1993. Annex to the petitioners’ communication of January 28, 2012.
52 Annex X. PGN, Record No. 008-139893. Report on the visit carried out at the Office of Land Registry of the City of Fusagasuga
(Cundinamarca). June 18, 1993; Annex 64. PGN, Record No. 008-139893. Notice of appearance to Pedro Julián Pabón Díaz. July 18, 1993;
Annex 65. PGN, Record No. 008-139893. Record of the Special Visit to the Office of Files Division of the District of Land Registry. November
5, 1993. Annex to the petitioners’ communication of January 28, 2012.
53 Annex X. General Prosecutor’s Office, Rad. 096. Order No. 003 of October 29, 1993. Annex to the petitioners’ communication of January
28, 2012.
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