310. The State alleged that the authorities “refused to return the charred remains to [Ms.
Mendez de Trujillo], because they did not correspond to Justice Serrano Abadía; [however,
she resorted] to her friend, [the then] Vice Minister of Justice to obtain the charred
remains.” The evidence provided only shows that the remains were delivered to the Vice
Minister, but not that, previously, the delivery of the corpse had been refused. 482 Also,
according to the forensic fingerprint expert who analyzed the case:
When the identifications were being made, it was chaotic, and owing to the importance of some of
the bereaved, such as the families of the Justice, we merely believed this grieving person and made
the respective annotations. It should be noted that in the case [of the corpse returned to the next of
kin of Justice Pedro Elías Serrano] the Vice Minister of Justice intervened; all these situations were
given priority. 483
311. The Court notes that there are significant inconsistencies in the identification of the
corpse returned to the next of kin of Justice Serrano Abadía. Thus, the forensic pathologist,
Dimas Dennis Contreras Villas, who prepared autopsy report 3805-85 stated that, during
the autopsy, “there [was] no error [in the determination of the sex], among other matters
because [in the record of the removal of the corpse] the uterus is described as a uterus that
is not pregnant.” He stated that the subsequent identification was made “not for its
morphology or osseous remains but by […] a watch,” even though the corpse did not have
extremities. He therefore affirmed that “if there was a watch on these remains, it probably
belonged to another case,” attributed this to errors that occurred during the removal of the
corpses, and “consider[ed] that there was an error in this identification.” 484
312. The Court also underscores that the record of the removal of the corpse does not
mentioned that there was a watch next to the corpse. To the contrary, it mentions that “a
metallic bracelet, part of the frame of a pair of glasses [and] several pieces of a necklace”
were found (supra para. 308). This is precisely consistent with the objects identified by
Norma Constanza Esguerra Forero’s mother as her daughter’s belongings. 485 In this regard,
Ms. Esguerra Forero’s mother stated that she was “fully convinced that, having found those
belongings of [her daughter, this means that she] is dead [and] since the bracelet and the
pieces of the necklace were found beside that corpse, it was the corpse of [her]
daughter.” 486
313. In 1989, the 78th Military Criminal Investigation Court requested the exhumation of
the corpse delivered to the family of Justice Pedro Elías Serrano Abadía. However, the
Institute of Forensic Medicine indicated that “it [was] not necessary to exhume the body
because this [was] a case in which it was determined that it was the body of a woman and
events of the Palace of Justice (evidence file, folio 30875), and record of identification of a corpse No. 20 of November
9, 1985 (evidence file, folio 30954).
482
Cf. Testimony of Ciria Mercy Mendez de Trujillo of May 11, 1988, before the 30th Itinerant Criminal Investigation
Court (evidence file, folio 30856), and Testimony of Gerardo Rafael Duque Montoya of February 5, 1988, before the
30th Itinerant Criminal Investigation Court (evidence file, folio 30861).
483
Cf. Testimony of Gerardo Rafael Duque Montoya of February 5, 1988, before the 30th Itinerant Criminal
Investigation Court (evidence file, folio 30862).
484
Furthermore, he indicated that it is possible that the Identification Department official was unaware of the results
of the autopsy when he handed over the corpse because, “owing to the large number of corpses, the transcription
took several days.” Cf. Testimony of Dimas Dennis Contreras Villa of February 5, 1988, before the 30th Itinerant
Criminal Investigation Court (evidence file, folios 30891 and 30892).
485
Regarding the frame of the glasses, Ms. Esguerra Forero’s mother explained that these did not belong to her
daughter “because she did not use glasses.” Cf. Procedure presenting photographs, clothes, objects and documents of
corpse of those who died during the events of the Palace of Justice (evidence file, folio 30875).
486
Cf. Expansion of the testimony of Elvira Forero de Esguerra of February 17, 1988, before the 30th Itinerant
Criminal Investigation Court (evidence file, folio 30286).
110
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