this case as well as other persons, has repeatedly condemned the State (infra para. 216),
considering that it incurred in a “service-related failure” because:
The hasty, unconsidered and irresponsible way in which the Armed Forces quashed the taking of the
Palace of Justice, leaving the judge with the depressing sensation of the insignificance of the lives of the
victims in the skirmish, whose petitions, supplications, and lamentation were futile. Their captors, whose
unjustifiable recklessness, supported by the State’s negligence, led to the tragedy, were annihilated.
But, at the same time, almost a hundred people were annihilated, including eleven justices of the
Supreme Court and eight officials and employees of this body and of the Council of State. Moreover, ‘to
protect the institutions,’ the judicial branch was de-institutionalized, generating appalling and justified
fears among its members and a lack of confidence among the population with regard to the institutional
strength of the judiciary, in a process of de-legitimization that has still not ended. The precipitate chain
of circumstances, some distressing, others scandalous, all of them extremely serious, witnessed by the
helpless population, has prevented a conscientious evaluation of the disastrous effects, at all levels, that
the atrocious acts that are being tried here produced and continue to produce, the mere description of
which horrifies the spirit and saddens the soul of a noble people such as the Colombians, contrary to
any concept of civilization. 129
C. The presumed victims in this case
106. Both parties and the Commission agree that Carlos Augusto Rodríguez Vera, Cristina
del Pilar Guarín Cortés, David Suspes Celis, Bernardo Beltrán Hernández, Héctor Jaime
Beltrán Fuentes, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, Norma Constanza
Esguerra Forero, Lucy Amparo Oviedo Bonilla, Gloria Anzola de Lanao and Irma Franco
Pineda (hereinafter also referred to as the “disappeared victims”), Ana Rosa Castiblanco
Torres, Carlos Horacio Urán Rojas, Yolanda Santodomingo Albericci, Eduardo Matson Ospino
and Orlando Quijano were in the Palace of Justice when it was taken by the M-19. 130 The
Court also notes that it has no evidence to establish exactly where the presumed victims
were in the building during the taking and retaking of the Palace of Justice. Even though the
cafeteria was on the first floor, in the absence of additional evidence, this is not sufficient to
assert that the presumed victims remained there; nevertheless, there is no evidence to
affirm that they were on higher floors.
107. However, with the exception of the cases of Carlos Augusto Rodríguez Vera, Irma
Franco Pineda, Yolanda Santodomingo Albericci and Eduardo Matson Ospino, the State
contested the conclusions of the Commission and the representatives regarding what
happened to each of these victims following the assault on the Palace of Justice. In this
section, the Court will establish the facts concerning the situations that have not been
contested, and decide the disputes regarding the forced disappearance of the other
presumed victims and the alleged detention and torture of Orlando Quijano and José
Vicente Rubiano Galvis in the respective chapters on the merits in this Judgment (infra
Chapters IX and X). The Court will now establish the facts with regard to: (1) the forced
disappearance of Carlos Augusto Rodríguez Vera and Irma Franco Pineda; (2) general
information on the other presumed victims of forced disappearance; (3) the detention and
torture of Yolanda Santodomingo Albericci and Eduardo Matson Ospino, and (4) general
information on the other presumed victims of detention and torture.
C.1) The forced disappearance of Carlos Augusto Rodríguez Vera and
Irma Franco Pineda
129
Judgment of the Council of State of July 24, 1997 (evidence file, folios 536 to 537). See, similarly, Judgment of
the Council of State of October 13, 1994 (evidence file, folio 2942 and 2943), and Judgment of the Council of State of
October 13, 1994 (evidence file, folio 3234 and 3235).
130
Similarly, the second instance judgment against the Commander of the Cavalry School concluded that Carlos
Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés, David Suspes Celis, Bernardo Beltrán Hernández, Héctor
Jaime Beltrán Fuentes, Gloria Stella Lizarazo, Luz Mary Portela León, Norma Constanza Esguerra, Lucy Amparo Oviedo
Bonilla, Gloria Anzola Mora de Lanao, Ana Rosa Castiblanco Torres and Irma Franco Pineda were in the Palace of
Justice. Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 22989, 23065, 23082,
23101, 23140, 23141, 23354, 23381, 23404 and 23437).
40
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