242. Added to the above, several family members agreed that, during the search activities,
they heard comments regarding the presumed collaboration of the disappeared with the
guerrillas. 350 On one occasion, the Colonel, Head of the B-2, allegedly questioned why
professionals or students would be working in the Palace of Justice cafeteria. 351 In addition,
on another occasion, the same colonel allegedly told the family of Lucy Amparo Oviedo that
“the new employees of the cafeteria […] are from the M-19; they went to the hills and now
it is said [that they are detained],” and indicated that it was these new employees who had
introduced “uniforms, food, ammunition and some weapons” into the Palace of Justice. 352
Also, when César Sánchez Cuesta went to the North Canton to inquire about the
whereabouts of Carlos Augusto Rodríguez Vera, he was told to “stop trying to find out about
people who are not worth it because they were guerrillas and murderers.” 353 Similarly, the
next of kin of Héctor Jaime Beltrán Fuentes were advised that the son of the then Governor
of Medellin, who was in the Palace of Justice cafeteria at the time of the assault, had
declared that the persons who worked in the cafeteria “were all with the guerrilla.” 354 In
addition, the next of kin of Cristina del Pilar Guarín Cortés were told that General Delgado
Mallarino had stated that “the disappeared from the Palace of Justice were members of the
M-19 and they were being held in the North Canton.” 355 In addition, during the
investigations, the next of kin or acquaintances of Carlos Augusto Rodríguez Vera and of
Gloria Anzola de Lanao were questioned about whether their relative “had ever expressed
sympathy for extremist groups or the wish to collaborate with this type of movement” or
whether he or she formed “part of any insurgent group.” 356
243. Consequently, the Court notes that there is evidence to suggest that, at the time of
the events, Cristina del Pilar Guarín Cortés, Bernardo Beltrán Hernández, David Suspes
Celis, Gloria Stella Lizarazo Figueroa, Gloria Anzola de Lanao, Norma Constanza Esguerra
Forero, Luz Mary Portela León, Héctor Jaime Beltrán Fuentes, Lucy Amparo Oviedo Bonilla
and Ana Rosa Castiblanco Torres were considered to be suspicious by the State authorities
and treated as such. The Court underscores that this is an indication that must be assessed
together with the other indicative evidence to be analyzed below with regard to what
happened to the presumed victims. However, the Court notes that the classification of
certain persons as “suspicious” within the framework of the events of this case does not
violate the American Convention. In the context of these events, it was reasonable that the
State authorities would establish a mechanism to distinguish and separate the hostages
from those persons who presumably had taken part in the taking of the Palace of Justice, in
keeping with the State’s right to maintain public order and safety (supra para. 78).
350
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio
24032).
351
Cf. Extract from the testimony of Carlos Leopoldo Guarín Cortés in the judgment of the Third Criminal Court of
the Bogota Special Circuit of June 9, 2010 (evidence file, folio 24031).
352
Cf. Extract from the testimony of Rafael María Oviedo Acevedo and Ana María Bonilla de Oviedo of December 2,
1985 and from the testimony of Jairo Arias Méndez of November 19, 1985, in the judgment of the Third Criminal
Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 24033 and 24034).
353
Cf. Extract from the testimony of César Sánchez Cuesta of September 19, 2007. Judgment of the Third Criminal
Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio 24033).
354
Cf. Testimony of María del Pilar Navarrete de Beltrán of January 3, 1986, before the Ninth Itinerant Criminal
Investigation Court (evidence file, folio 28931).
355
Cf. Testimony of Carlos Leopoldo Guarín Cortes of November 12, 1986, of Elsa María Osorio de Acosta of
November 20, 1986, of José María Guarín Ortiz of November 20, 1986, and of René Guarín Cortés of November 13,
1986, all before the Inspectorate of the Office of the Special Attorney’s assigned to the Military Forces (evidence file,
folios 28019, 28027, 28063 and 28080).
356
Cf. Testimony of María de Jesús Triana Silva of February 19, 1986, before the Ninth Court of Criminal
Investigation of Bogota (evidence file, folios 29994 and 29995), and Testimony of Enrique Alfonso Rodríguez
Hernandez of December 6, 1985, before the Ninth Itinerant Criminal Investigation Court (evidence file, folio 27891).
82
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