not of a man.” 487 Subsequently, in March 2002, Ms. Esguerra Forero’s mother requested the
issue of a death certificate for her daughter or, alternatively, the exhumation of the remains
delivered to the family of Justice Pedro Elías Serrano Abadia. 488 In April that year, the
Second Criminal Court declared that it would order “the preparation of a forensic
anthropological report,” to clarify whether the remains delivered to the family of Pedro Elías
Serrano Abadía are really those of a woman.” 489 Nevertheless, this Court has no information
on the steps taken or the results obtained in this regard.
314. Following the exhumations performed in the mass grave in the South Cemetery, the
anthropological examinations carried out by the Universidad Nacional de Colombia (supra
para. 194) determined that one of the corpses corresponded to an “adult male (40-60
years),” which “was found wearing an expensive custom-made suit, with fragments of
safety glass on the knees.” According to the report, the “corpse was found among the
debris […] on November 10, [1985],” and “a biological sample was obtained for DNA
testing, which eliminated the possibility that it belonged to the group of disappeared
persons.” The report concluded that “[j]udging by the osteo-biographical and taphonomic
characteristics and the associated clothing, this body must belong to a civilian, possibly a
high-ranking official from the fourth floor of the Palace of Justice (a justice?), whose body
had been returned erroneously.” 490
315. The Court notes that in the section of the Report of the Truth Commission on the
“Homage to the memory of the persons disappeared from the Palace of Justice, organized
by their next of kin,” the next of kin indicated that “[t]he corpse […] that it was said could
be Norma […] had perfect teeth, [while Ms. Esguerra Forero] had several fillings and a root
canal.” 491 However, according to the autopsy report, the remains delivered to the next of
kin of Justice Serrano Abadía did not include the teeth. 492
316. The first instance courts that have heard the case have concluded that the foregoing
is not sufficient to disprove the conclusion that Norma Constanza Esguerra Forero was
forcibly disappeared. 493 To the contrary, the Superior Court in the proceedings against the
Commander of the Cavalry School concluded that “it cannot be affirmed that [Norma
Constanza Esguerra Forero] left the Palace of Justice alive, owing to the errors and the
improper actions at the scene of the events.” It stressed that “it is now necessary and
essential that some authority with the required competence […] order the exhumation of
the corpse that was returned, apparently erroneously, as that of Justice Pedro Elías Serrano
Abadía.” 494 Similarly, in the proceedings against the Commander of the 13th Brigade, the
Superior Court stated that “it is not valid to affirm that [Norma Constanza Esguerra Forero]
left the Palace alive and was subsequently disappeared; rather, the necessary comparison
487
Cf. Note of the Institute of Forensic Medicine of May 19, 1989 (evidence file, folio 30898).
488
Cf. Petition of March 14, 2002 (evidence file, folio 30902).
489
Cf. Note of the Second Criminal Court of the Bogota Special Circuit of April 12, 2002 (evidence file, folio 30920).
490
Cf. Physical Anthropology Laboratory, La Investigación Antropológico Forense del Caso del Palacio de Justicia
(evidence file, folio 21690).
491
Cf. Report of the Truth Commission (evidence file, folio 469).
492
Cf. Autopsy report No. 3805/85 of November 8, 1985 (evidence file, folio 30963).
493
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 24017
and 24018); Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folios 24511
and 24512), and Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folios
20970 and 20971).
494
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23079 and 23081).
111
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