morphological identification of the body was used as a reliable identification method was
one of the most serious errors committed by the Institute of Forensic Medicine.” 188
153. The Superior Court of Bogota emphasized that the identification of the corpses was
the stage:
during which the greatest number of errors were verified, because, the identification process
disregarded the preceding errors – in the inspection and official removal of the corpses, as well as
whether they corresponded to the autopsies, and the relationship to them of belongings and other
elements. 189
154. In addition, the Special Investigative Court (infra para. 156) indicated that:
The fire lasted for several hours and was so intense that, owing to some indications (including
windows melted down), the experts calculated the heat at between 800 and 1,100°C. The
photographs of the remains show an advanced state of carbonization that the report on the nature
and characteristics of the corpses appears to be based more on guesswork than on observation. 190
155. Once the autopsies had been completed, military criminal investigation judges ordered
that the corpses be sent to a mass grave in the South Cemetery. 191 This decision was
justified on the basis that “the M-19 sought to recover the bodies of their dead companions
from the morgue.” 192 A total of 38 corpses were sent to the mass grave in the South
Cemetery, some of which had been identified. 193
188
Report of the Truth Commission (evidence file, folio 219). Cf. Judgment of the Superior Court of Bogota of
January 30, 2012 (evidence file, folio 23011). Expert witness Máximo Duque Piedrahíta indicated that there is
“objective information indicating that there were many possibilities for error in the identification and in the return of
the corpses in 1985.” Expert opinion of Máximo Duque Piedrahíta during the public hearing on the merits and written
report of the same expert witness (evidence file, folios 36423, 36447, 36455 and 36456), and Written notes by Carlos
Bacigalupo Salinas (evidence file, folio 36328, and 36329). According to the forensic pathologist of the Institute of
Forensic Medicine at the time, “[i]n some cases, fragments of clothing, shoes, jewelry [and the] approximate age or
sex helped with the identification, because in those cases where it was not possible to take fingerprints and when even
the face or most of it was completely carbonized, these were the only elements that could help.” However, he
indicated that the visual identification “went quite well, because it is a usual practice of the Institute and because, on
that occasion, [he recalled] the large number of people who came forward to try and help with this identification.”
Testimony provided by Dimas Denis Contreras Villa on February 5, 1988, before the 30th Itinerant Criminal
Investigation Court (evidence file, folios 30889 and 30893).
189
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23011).
190
Report of the Special Investigative Court (evidence file, folio 30523).
191
Cf. Note No. 11354 of the Office of the Special Attorney’s assigned to the National Police of November 3, 1987
(evidence file, folio 31604); Report of the Truth Commission (evidence file, folio 221); report of the Special
Investigative Court (evidence file, folio 30534), and Note No. 0070/JUPEM-78 of the 78th Military Criminal
Investigation Court, expansion of sworn attestation of the 78th Military Criminal Investigation Judge of January 16,
1986 (evidence file, folios 14815 and 14816).
192
Report of the Truth Commission (evidence file, folio 221). Cf. Report of the Special Investigative Court (evidence
file, folio 30534); response of the 78th Military Criminal Investigation Judge to the charges brought in a Note of
November 3, 1987 (evidence file, folio 31609), and Note No. 0070/JUPEM-78 of the 78th Military Criminal
Investigation Court, expansion of sworn attestation of the 78th Military Criminal Investigation Judge of January 16,
1986 (evidence file, folio 14816).
193
Cf. Written report of Máximo Duque Piedrahíta (evidence file, folio 36426), and Written notes by Carlos
Bacigalupo (evidence file, folios 36326 and 36327). The above is the opinion of most people. However, the Truth
Commission underscored that “everything indicates that 38 [bodies] were sent to the mass grave, [but] it is only
possible to verify the transfer of 36,” while the Superior Court of Bogota considered that the number of corpses buried
in the mass grave is uncertain, owing to inconsistencies in the records of the transfer and the presumed failure to
record the transfer of four corpses to the mass grave. In addition, the Truth Commission indicated that “[d]ocuments
exist certifying the transfer to the mass grave of a total of 36 bodies, including some that were complete and other
carbonized, some identified and other unidentified, on four different dates: November 9, 14, 20 and 23, 1985.
However, when comparing this documentation with the overall list of autopsies, it can be seen that the information
provided is contradictory and incomplete.” Report of the Truth Commission (evidence file, folio 216 and 221), and
Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23022, 23023, 23028 to 23030
and 23032).
53
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