268. The Court considers it has been proved that those who were considered suspicious
were detained in the military facilities where the family members of the disappeared went
to look for their loved ones. The denial of this detention is evidence of the concealment of
the fact that there were detainees, which is one of the elements of forced disappearance.
Consequently, the Court notes that the relatives of the presumed disappeared victims went
to the military facilities to look for their loved ones, where the presence of detainees from
the Palace of Justice was denied, even though it is now known, as proved by the domestic
courts and the Truth Commission, that several of the individuals who were considered
suspicious were taken to such facilities (supra paras. 250 and 251).
A.2.f) The alterations of the crime scene and the irregularities in the
removal of the corpses
269. The State acknowledged responsibility for errors in the handling of the corpses and
the lack of rigor in the inspection and preservation of the scene of the events (supra para.
21.c.ii). In this regard, the Court considers that the significant alterations of the crime
scene and irregularities in the removal of corpses following the events of the taking and
retaking of the Palace of Justice has been proved (supra paras. 145 to 150). This Court has
established standards for how a crime scene should be processed, and they were not
complied with in this case (infra paras. 489 to 496).
270. In this regard, the Court underscores that the Superior Court of Bogota has affirmed
that “the Military Forces processed the scene and handled the removal of the corpses in
order to ensure that what happened remained unpunished, or at least to obstruct any
subsequent investigation.” 401 These irregularities not only prevented eliminating the
hypothesis that the presumed victims died inside the Palace of Justice, but were also of
such significance that they cannot be considered a mere error or the result of inexperience.
They constituted egregious impropriety that has prevented the elucidation of the facts.
Consequently, these irregularities are an indication that the soldiers concealed what
happened during the retaking of the Palace of Justice, including what happened to the
presumed victims.
A.2.g) The threats to the family members and acquaintances
271. The next of kin of Cristina del Pilar Guarín Cortés, Lucy Amparo Oviedo Bonilla, Gloria
Anzola de Lanao, Irma Franco Pineda, Carlos Augusto Rodríguez Vera and Héctor Jaime
Beltrán Fuentes testified that they had received threats so that they would not continue
their search when progress was being made in the criminal investigation conducted by the
prosecution. 402 Also, César Augusto Sánchez Cuestas, one of the people who declared that
he had seen Carlos Augusto Rodríguez Vera leaving the Palace alive (supra para. 109),
stated that, in the North Canton they gave him warnings that were “clear, categorical and
401
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23057). This was also
established in the first instance judgment. Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of
June 9, 2010 (evidence file, folio 24017).
402
Cf. Testimony of René Guarín Cortes of August 16, 2007, before the Prosecution Service (evidence file, folio
1091); Testimony of Héctor Jaime Beltrán of June 15, 2012, before the First Notary of the Soacha Circuit (evidence
file, folio 27387); Testimony of Mario David Beltrán Fuentes of April 10, 2006, before the Prosecution Service
(evidence file, folios 28935 and 28938); Testimony of Damaris Oviedo Bonilla of June 14, 2012, before the 71st
Notary of the Bogota Circuit (evidence file, folio 27525); Testimony of Francisco José Lanao Ayarza of February 12,
2008, before the Prosecution Service (evidence file, folio 29954); Testimony of Oscar Anzola Mora of February 3,
1986, before the Ninth Itinerant Criminal Investigation Court (evidence file, folio 30004); Testimony of María del
Socorro Franco of August 14, 2006, before the Prosecution Service (evidence file, folio 29058); Testimony of Jorge
Eliécer Franco Pineda of August 14, 2006, before the Prosecution Service (evidence file, folio 28985); Testimony of
Enrique Rodríguez before the Commission during the 208th session (evidence file, folios 6863 and 6864), and
expansion of the complaint of Enrique Alfonso Rodríguez Hernández on August 29, 2001, before the Prosecution
Service (evidence file, folio 1065).
93
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