when the military operations to counter the subversive attack ended, these actions degenerated into an irregular situation that resulted in these people who were retained becoming disappeared, thus eliminating also any type of evidence that would contribute to discovering their whereabouts. […] Without doubt, […] CARLOS AUGUSTO RODRÍGUEZ VERA, CRISTINA DEL PILAR GUARÍN CORTÉS, BERNARDO BELTRÁN HERNÁNDEZ, HÉCTOR JAIME BELTRÁN FUENTES, DAVID SUSPES CELIS, GLORIA ESTELA LIZARAZO, LUZ MARY PORTELA LEÓN, NORMA CONSTANZA ESGUERRA FORERO, GLORIA ANZOLA DE LANAO, LUCY AMPARO OVIEDO BONILLA and IRMA FRANCO PINEDA [were] subjected to forced disappearance, after the taking of the Palace by the guerrilla had ended. 244 184. The civil party to the proceedings filed an appeal, which is pending a decision. 245 F.2.c) Proceedings against the Commander of the Army’s 13th Brigade 185. On April 28, 2011, the 51st Criminal Court handed down a guilty verdict against the Commander of the 13th Brigade. The court indicated that it was irrefutable that the eleven disappeared persons “had not died inside the seat of justice and, especially, on the fourth floor of that building, the floor from which […] most of the carbonized corpses were taken to the internal patio of the building.” 246 Similarly, it indicated that: The evidence collected reveal[ed]] that they left the building unharmed and, subsequently, were taken the 20 de Julio Museum and from there to the military facilities. This has been verified by several probative elements which indicate[d] that, for certain members of the B-2, the cafeteria employees were prime suspects of belonging to the M-19, leading to the inference, in light of sound logic, that if one or several of them were subjected to forced disappearance, all of them would have received the same treatment, owing to the need to conceal the actions of the perpetrators. 247 186. It also indicated that it was scarcely reasonable to consider that “the cafeteria employees had chosen to go to the higher floors where the combat was clearly taking place; thus, if they had been forced to go upstairs by the guerrilla, they would undoubtedly have been seen at some moment by the other hostages.” The court decided that the Army had considered the cafeteria employees to be members of the M-19, based on a statement by the Colonel, Head of the B-2 (infra paras. 239 and 242), and a document obtained by the prosecution listing several people, including Irma Franco Pineda’s brothers and the brother of Cristina del Pilar Guarín Cortés, indicating that they belonged to the M-19. 248 187. The court concluded “unequivocally, that the [Commander of the 13th Brigade was] responsible, as indirect perpetrator of the wrongful act of aggravated forced disappearance” of the eleven victims presumed disappeared, and therefore sentenced him to 35 years’ 244 Cf. Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folios 21006, 21007, 21030 and 21040). 245 Cf. Substantiation of the appeal file before the 51st Criminal Court of the Bogota Circuit of January 25, 2012 (evidence file, folio 22157); Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits; Testimony of lack of competence of the Criminal Chamber of the Superior Court of Bogota of May 25, 2012 (evidence file, folio 38095), and decision of the Criminal Cassation Chamber of the Supreme Court of Justice of June 14, 2012 (evidence file, folio 38107). 246 The Commander of the 13th Brigade was convicted in first instance of the forced disappearance of: (1) Carlos Augusto Rodríguez Vera, (2) Cristina del Pilar Guarín Cortés, (3) Bernardo Beltrán Hernández, (4) David Suspes Celis, (5) Gloria Stella Lizarazo Figueroa, (6) Gloria Anzola de Lanao, (7) Norma Constanza Esguerra Forero, (8) Luz Mary Portela León, (9) Irma Franco Pineda, (10) Héctor Jaime Beltrán Fuentes and (11) Lucy Amparo Oviedo Bonilla. Cf. Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folios 24647 and 24648). 247 Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folios 24556 and 24570). 248 Cf. Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folios 24558, 24562 and 24563). 62