Nevertheless, in order to establish what happened to the presumed disappeared victims, it
constitutes an indication of their possible forced disappearance.
A.2.b) The failure to register and the separation of the persons
considered suspicious
244. According to the evidence in the case file, the persons considered suspicious were
“taken, under strict surveillance as if they were detained, to the Casa [del Florero].” Once
there, “the preliminary information was assessed, and those who were still considered
special or suspicious were taken to the second floor” (supra para. 103). 357 In this regard,
the State admitted, and the Court has already established, that Irma Franco Pineda,
Yolanda Santodomingo Albericci and Eduardo Matson Ospino were sent to the second floor
of the Casa del Florero because they were considered suspicious (supra paras. 111 and
138). This was also the case of Orlando Arrechea, an employee of the Criminal Chamber of
the Supreme Court of Justice, who was also considered suspicious. 358 On this point, the
Superior Court of Bogota added that some individuals were tortured on the second floor. 359
245. This Court finds it has been proved that the Casa del Florero was used in order to
identify those able to leave the Palace of Justice (supra para. 103). It was there that the
authorities registered the survivors. 360 However, the four lists of survivors in the case file
contain different figures (supra para. 104) and the records were not comprehensive. In this
regard, the domestic courts stressed the failure to register some individuals on certain
official lists, including Eduardo Matson Ospino, Yolanda Santodomingo Albericci and Irma
Franco Pineda, who it was proved had left the Palace of Justice alive and had been taken to
the Casa del Florero. 361 Moreover, these persons were subsequently transferred and there is
also no record of the places to which they were sent. 362 Thus, the Superior Court of Bogota
stated that the “persons who left as hostages were retained unlawfully, they were not
registered, and it was denied that they were being held.” 363
246. The State argued that “owing to the extreme nature of the situation, it cannot be
claimed that no one was suspicious, nor can the word suspect be stigmatized. When people
were considered to be suspicious, they were sent to the police stations or to the SIJIN to be
crosschecked against the lists of persons for whom an arrest warrant had been issued, or
arrangements were made with the judicial authorities.” Thus, since the situation involved
hostage-taking, the State had the obligation and the right to distinguish between the
357
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23383); Judgment of the
51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24569); Judgment of the Third Criminal
Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio 23959); Report of the Truth Commission
(evidence file, folio 176); Testimony of Pedro León Acosta Palacio of February 21, 1986, before the 30th Itinerant
Criminal Investigation Court (evidence file, folio 15266), and Testimony of Magalis María Arévalo Mejía of November
29, 1985, before the Special Commission (evidence file, folio 29042).
358
Cf. Testimony of Orlando Arrechea Ocoro of July 18, 2007, before the Prosecution Service (evidence file, folio
15216), and Testimony of Orlando Arrechea Ocoro of November 28, 1985, before the Special Commission (evidence
file, folio 1221).
359
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23363).
360
Cf. Report of the Truth Commission (evidence file, folio 175), and extract of testimony of Oscar Vásquez in the
judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23361).
361
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23404); Judgment of the
Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 23960 and 23961), and
Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24566). Orlando
Arrechea Ocoro was also not included in the records. Cf. Testimony of Orlando Arrechea Ocoro before the Prosecution
Service of July 18, 2007 (evidence file, folio 15216).
362
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio
23959), and Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23405).
363
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23378).
83
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