237. The Court notes that some individuals were categorized as suspected of belonging to,
or collaborating with, the M-19 inside the Palace of Justice by “a basic selection process”
during the transfer to the Casa del Florero or once in the Casa del Florero if, for example,
other survivors said that they were members of the guerrilla. 340 Thus, two first instance
courts concluded that the State agents considered the following to be suspicious: Carlos
Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés, Bernardo Beltrán Hernández,
David Suspes Celis, Gloria Stella Lisarazo Figueroa, Gloria Anzola de Lanao, Norma
Constanza Esguerra Forero, Luz Mary Portela León, Irma Franco Pineda, Héctor Jaime
Beltrán Fuentes and Lucy Amparo Oviedo Bonilla. 341 In particular, in the criminal
proceedings against the Commander of the Cavalry School, the Third Criminal Court was
“convinced that the special situation of some of the survivors, such as being a university
student, being born in a specific area of the country, working in the Palace cafeteria, etc.,
constituted grounds for presuming that they had collaborated with or were part of the
insurgent group.” 342 Also, in its second instance judgment concerning the Commander of
the 13th Brigade, the Superior Court of Bogota considered that, “from the outset, some
soldiers considered that the cafeteria employees could be suspected of having supported
the guerrilla.” 343
238. Regarding the persons who worked in the cafeteria, 344 the Court takes note of the
statements of military agents according to which the cafeteria of the Palace of Justice had
supposedly been use by the M-19 to bring in the weapons with which they carried out the
assault. In this regard, the soldier, José Yesid Cardona Gómez, who took part in the
operation to retake the Palace of Justice, stated that he “went to the cafeteria because
[they] were given the order that that was the center of the operation.” 345 Similarly, Ricardo
Gámez Mazuera, who stated that he had taken part in intelligence work during the retaking
of the Palace of Justice, testified that “[t]he Colonel […] based himself on the hypothesis
that weapons had been hidden in the Palace cafeteria prior to the assault and, therefore,
ordered that Mr. Rodríguez be tortured ‘as an accomplice.’” 346
340
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23380, 23381 and
23383).
341
In the proceedings against the Commander of the Cavalry School and the Commander of the Army’s 13th
Brigade. Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio
24030), and Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24570).
342
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 23956
and 23957). See also, Report of the Truth Commission (evidence file, folio 179).
343
Cf. Judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folio 38311). In the
proceedings against the Commander of the Cavalry School, the Superior Court of Bogota did not rule specifically on
this matter. Nevertheless, that court did determine that “the individuals who gave rise to doubts about their identity,
owing to contradictions in their explanation of why they were in the Palace of Justice, or because they were students
or owing to where they came from, were subjected to cruel, inhuman or degrading treatment, torture (cases of
Orlando Quijano, Orlando Arrechea Ocoro, Eduardo Arturo Matson Ospino and Yolanda Ernestina Santodomingo
Albericci, among others) and, ultimately, to forced disappearance, as in the case of Irma Franco Pineda and Carlos
Augusto Rodríguez Vera.” Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio
23354).
344
Carlos Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés, Bernardo Beltrán Hernández, David Suspes
Celis, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, Héctor Jaime Beltrán Fuentes and Ana Rosa Castiblanco
Torres.
345
Cf. Testimony of José Yesid Cardona Gómez of November 29, 2006, before the Prosecution Service (evidence
file, folios 998 and 1007).
346
Cf. Communication of Ricardo Gámez Mazuera of August 1, 1989, notarized and addressed to the Attorney
General (evidence file, folio 29087). In addition to the 1989 statement, the file also contains a statement of December
9, 2006, made before the European Parliament. The State indicated that the “judicial value [of his testimony] has
frequently been questioned in the domestic judicial proceedings, to the point of considering it […] false,” because “he
was not present on the day of the events, and did not belong to any of the State’s security agencies at that time.” In
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