96. Another group of tanks entered the Palace of Justice by the entry on Bolivar Plaza. At
the same time, “several squadrons of law enforcement agents” entered, including police and
soldiers. Also, three police helicopters circled over the area. The armed forces used machine
guns, grenades, rockets, and explosives in the operation. 111
97. The President of the Supreme Court at the time, who was on the fourth floor of the
Palace of Justice, tried by different means to obtain a ceasefire. He also tried unsuccessfully
to communicate by telephone with the President of the Republic directly and through
several people, including the President of Congress. However, his requests were broadcast
by the media. 112
98. At around 5 p.m., the security forces broke down a steel door located on the terrace
in order to access the fourth floor of the Palace of Justice. This was followed by a fight
between the M-19 and the Army which lasted until around 2 a.m. On the morning of
November 7, “the tanks began to fire again.” At 9 a.m., the President of the Republic
announced by radio that “the Army now has total control of the Palace and only one
guerrilla redoubt remains, so that Operation Rastrillo would begin.” 113 The Court was not
informed of any further facts relating to the actions of the then President of the Republic in
relation to the presumed victims in this case. On hearing this statement, the hostages who
were in the bathroom between the second and third floor sent an emissary to advise that
there were still civilians in the building (infra para. 102). 114
99. Between November 6 and 7, three fires occurred inside the Palace of Justice, “two
lesser ones and one that totally destroyed the building and probably killed those who may
have survived the gunfire and explosions on the fourth floor.” 115 In this regard, the Truth
Commission added that:
111
Cf. Report of the Truth Commission (evidence file, folios 130 and 132); Report of the Special Investigative Court
(evidence file, folio 30496); Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios
23345, 23395 and 23396), and Affidavit made on November 5, 2013, by Julia Alba Navarrete Mosquera (evidence file,
folio 35904).
112
The message transmitted was: “Please, help us, stop firing! The situation is extreme; we are surrounded by
members of the M-19. Please, stop firing immediately! Inform public opinion, this is urgent; it’s a matter of life or
death. Do you hear me? […] We cannot talk to them unless there is an immediate ceasefire. Please, let the President
finally order a ceasefire […]. We are at death’s door. You must help us. You must ask the Government to order the
ceasefire. Beg the Army and the Police to stop… They don’t understand. They are pointing their guns at us. I am
asking you to stop the firing because they are prepared to do anything… We are justices, employees, we are
innocent… I have tried to talk to all the authorities. I have tried to communicate with the President, but he is not
there. I have been unable to talk to him […].” Report of the Truth Commission (evidence file, folios 135 and 136). See
also, report of the Special Investigative Court (evidence file, folios 30505 and 30506).
113
Cf. Report of the Truth Commission (evidence file, folios 148 to 150, 157 and 158); Report of the Special
Investigative Court (evidence file, folio 30522), and Testimony of Samuel Buitrago Hurtado of November 21, 1985,
before the 27th Criminal Investigation Judge (evidence file, folio 30621). Similarly, see the testimony of Reinaldo
Arciniega Baedecker transcribed in the judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011
(evidence file, folios 24445 and 24446).
114
Cf. Report of the Truth Commission (evidence file, folio 158), and Testimony of Samuel Buitrago Hurtado of
November 21, 1985, before the 27th Criminal Investigation Judge (evidence file, folio 30622). According to the Truth
Commission, the emissary informed the Secretary of the Ministry of Defense that there were still civilians in the
building. The Secretary told him “don’t worry, Operation Rastrillo has been cancelled.” However, “[t]he statements of
the Ministers and of the President of the Republic are consistent in affirming that they never received the message
[…], and did not know, at the time, that [the emissary] had come out as the bearer of a message to the Government,
which means that those in charge of the military operation who received the message not only did not allow the
emissary to deliver it to the Government, but never forwarded it to those to whom it was addressed.” […] After [the
emissary] had left [the Palace] the Army knew where the hostages were.” Cf. Report of the Truth Commission
(evidence file, folios 158, 160 and 161).
115
Cf. Report of the Truth Commission (evidence file, folio 152), and Report of the Special Investigative Court
(evidence file, folio 30512)
37
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