256. Some family members also received information on the whereabouts of the cafeteria employees in different ways. Thus, Héctor Jaime Beltrán’s brother went to the Casa del Florero and, on asking, “[h]e was told that the [cafeteria] employees had been evacuated, that they were alive, and that they were in a truck.” 381 The next of kin of Bernardo Beltrán Hernández went to Bolivar Plaza on November 7, where the Commander of the Cavalry School allegedly told them that “all those people have been taken to the Casa del Florero.” 382 257. In addition, the case file contains statements by people who affirm that all or some of the cafeteria personnel left the Palace of Justice alive. 383 Thus, Ricardo Gámez Mazuera, who stated that he had taken part in intelligence work during the retaking of the Palace of Justice, declared that “the cafeteria employees exited alive, […] they were taken away and tortured, […] murdered and concealed and their whereabouts continues to be unknown, unknown to people on the outside, known to Army personnel.” 384 258. Furthermore, the journalist Julia Navarrete, the Auxiliary Justice of the Council of State, Tulio Chirolla Escanio, Orlando Arrechea and Carlos Ariel Serrano testified similarly that they saw a young woman wearing the cafeteria uniform leave the Palace of Justice on November 6 with an injured hand and be taken to the second floor of the Casa del Florero. 385 The Superior Court of Bogota, in its judgment of October 24, 2014, concluded 381 Cf. Affidavit made on November 2, 2013, by Mario Beltrán Fuentes (evidence file, folios 35558 and 35559). 382 Cf. Testimony of Bernardo Beltrán Monroy of August 25, 2006, before the Prosecution Service (evidence file, folio 29283). 383 The Court notes that in two statements, of 2006 and 2007, José Yesid Cardona Gómez asserted that, on November 6, 1985, he took eight individuals from the cafeteria to the Casa del Florero, and also took two individuals to the main entrance who said that they were a cafeteria employee and its manager. The Court underlines that the statements are not very clear and that the deponent had not mentioned this fact on two previous occasions; also that the departure of eight cafeteria employees on November 6 is not consistent with the rest of the body of evidence, most of which indicates that these persons, with the exception of Luz Mary Portela León, left the Palace of Justice on November 7. Nevertheless, this Court takes notes of the considerations of the Superior Court of Bogota, in its judgment of October 24, 2014, when analyzing this testimony, when it indicated that “there are several testimonies that […] refer to at least one employee of the cafeteria, Luz Mary Portela, with an injury to her arm, joining the queue to the Museum [on November 6, 1985]” (infra para. 258). It also indicated that “[r]egarding the cafeteria employees who entered but did not leave the building, there is no information that they left later or that same day. On the contrary, on Thursday, at the conclusion of the operation, in identification videos, some employees can be observed leaving the Palace. It is inferred that they could have been retained in the storeroom and cleaning room within the cafeteria where, among other objects, the identity card of Carlos Rodríguez was later found and the keys of the cash register; keys that were only held by the cashier and the manager.” The Court does not have any evidence to verify this version of the facts. Neither the representatives nor the Commission have explained the reasons for the differences with the other indications in the case file. However, the Court stresses what was established by the Superior Court in its judgment of October 24, 2014, to the effect that “the testimony of Sergeant Yesid Cardona reveals some information about what could have happened at certain moments, but does not corroborate or refute the proposed hypothesis.” Cf. Testimony of José Yesid Cardona Gómez of November 29, 2006, before the Prosecution Service (evidence file, folios 999 and 1000); Extract from the testimony of September 30, 2007, included in the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23241); Testimony of José Yesid Cardona Gómez of December 5, 1985, before the Sixth Military Criminal Investigation Court (evidence file, folio 32493); Testimony of José Yesid Cardona Gómez of April 10, 1986, before the 30th Itinerant Criminal Investigation Court (evidence file, folio 32489), and Judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folios 38311 and 38312). 384 Cf. Testimony of Ricardo Gámez Mazuera before the European Parliament on December 9, 2006 (evidence file, folio 32499). 385 Cf. Testimony of Julia Alba Navarrete Mosquera of January 13, 1986, before the Special Commission (evidence file, folios 14617 and 14618); Testimony of Julia Alba Navarrete Mosquera of July 5, 2006, before the Prosecution Service (evidence file, folio 14771); affidavit made by Julia Alba Navarrete Mosquera on November 5, 2013 (evidence file, folio 35905); Extract from the testimony of Tulio Chirolla Escanio in the judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folio 38352); Testimony of Orlando Arrechea of November 28, 1985, before the Special Commission (evidence file, folio 1223) Extract from the testimony of Carlos Ariel Serrano of January 27, 1986, in the judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folio 38352). The Court notes that in a 2007 statement, Carlos Ariel Serrano declared that he did not recall seeing anyone going up to the second floor of 88

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents