interrogations and even physical and mental torture, were methods frequently used by
some members of the Army to achieve certain results, all with the awareness and/or
acquiescence of senior military commanders and even of Heads of State at the time.” 566 In
addition, specifically with regard to the events of the Palace of Justice, the 51st Criminal
Court indicated that “some of those rescued from the Palace of Justice were taken to the
premises of the Cavalry School […] and/or to other military facilities to be interrogated and
subjected to significant abuse and ill-treatment in order to obtain information that could be
useful to the Armed Forces; an activity that, this court insists, constituted common practice
at that time.” 567 Likewise, the Superior Court of Bogota stated that “[b]efore, during and
after the events of the Palace of Justice, the Cavalry School was used as a center for the
practice of unconstitutional acts by State agents, which included not only illegal deprivations
of liberty, but also extended to crimes against humanity, by including torture and forced
disappearances.” 568
B.1.2) The statements of Orlando Quijano and José Vicente Rubiano
Galvis
376. Orlando Quijano has testified on the presumed ill-treatment he suffered twice before
domestic criminal investigation bodies (in 1986, before an investigating court and, in 2006,
before the Prosecution Service), as well as a third time, in 2013, before the Inter-American
Court. In addition, in 1986, he wrote an article for the journal “El Derecho del Derecho,” in
which he narrated what had happened to him, and he ratified the contents in his statement
before the Prosecution Service in 2006. 569 Therefore, the Court has three statements made
by Mr. Quijano, in 1986, 2006 and 2013, and an article he wrote that are all consistent as
follows: (i) he left the Palace of Justice in the afternoon of November 6, 1985, together with
other individuals who were in a first-floor office when the M-19 took over the Palace; (ii) he
566
Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24423). Similarly,
in its first instance judgment in the proceedings against the Commander of the COICI, this court stated that “the
capture, arrest and questioning of individuals suspected of belonging to illegal groups, as set out in ‘Intelligence
Operations Plan No. 002 against the group calling itself the M-19’ were frequent methods used by the members of the
State’s intelligence agencies who, purporting to abide by the law, obtained the desired results by implementing
practices that, in many cases, were contrary to human dignity.” Judgment of the 51st Criminal Court of the Bogota
Circuit of December 15, 2011 (evidence file, folio 20852).
567
Judgment of the 51st Criminal Court of the Special Circuit of December 15, 2011 (evidence file, folios 21109 and
21110).
568
To reach this conclusion, the Superior Court took into account, inter alia, that: “(i) at that time, in Latin America,
the so-called ‘doctrine of national security’ was still in force, under which the Armed Forces directed their actions
against internal, rather than external, enemies; in other words, nationals of the country who professed a communist
ideology, a definition that was extended to other forms of left-wing political thought (which, in Colombia, included the
insurgents of the M-19), who had to be eliminated. This doctrine was disseminated in the teachings of the […]
Western Hemisphere Institute for Security Cooperation or the US Army School of the Americas, to which […] some
members of the Colombian Armed Forces were sent and were trained in the application of extermination methods
ranging from subtle forms of cruel, inhuman and degrading treatment to the forced disappearance of the ‘internal
enemy,’ as can be observed in documents declassified by the Pentagon in 1996; (ii) the existence of criminal acts
attributed to members of the State’s security agencies (in their capacity as an organized power structure) has been
proved; these included practices that disregarded the standards to be applied in internal armed conflicts and in war;
[…] (iii) members of the State’s security agencies carried out illegal retentions […], without reporting the arrests or
recording them in official logbooks or documents, a practice concurrent with the systematic denial of information on
those retained or the denial of their arrest, and (iv) the acknowledgement by the courts, in decisions that are res
judicata, of the Cavalry School and the North Canton as illegal retention centers in which individuals were tortured and
then disappeared.” Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23319 to
23321 and 23324). Similarly, regarding the implementation of the doctrine of national security in the actions of the
Colombian Armed Forces, see, summary of the written version of the expert opinion of Federico Andreu Guzmán
(evidence file, folio 36351 to 36354).
569
Regarding his testimony before the Prosecution Service, this indicates: “Question: Did what you wrote in the
journal correspond to what really happened? Answer: […] in one part I gave an account of what I experienced, that is
true.” Testimony of Orlando Quijano of June 2, 2006, before the Prosecution Service (evidence file, folio 1266).
129
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