the survivors considered “special” by the armed forces were taken to the second floor of the Casa del Florero. 123 Several of them were transferred to military facilities, including the Cavalry School of the Colombian National Army (hereinafter “the Cavalry School”) and the “General Ricardo Charry Solano” Intelligence and Counter-intelligence Battalion (BINCI) (hereinafter “Charry Solano Battalion”). 124 Once they had been detained, “some of them [were] tortured and then disappeared.” 125 The determination of whether the presumed victims in this case are among this group of rescued individuals will be made in the corresponding chapters. 104. There is no certainty about the number of people who died during the events. The Institute of Forensic Medicine received 94 corpses from the Palace of Justice. 126 However, the Report of the Truth Commission indicates that “the problems that arose during the identification process give rise to serious doubts about the identity of some of them, and the irregularities, particularly in the case of the charred remains, could suggest the existence of a greater number of deceased.” 127 In addition, according to the evidence in the case file, lists prepared by State personnel recorded between 159 and 325 survivors. 128 105. Owing to the way in which the armed forces carried out the operation to take back the Palace of Justice, the Council of State, in proceedings instituted by the presumed victims in 123 Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23388); 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 23957); Report of the Truth Commission (evidence file, folio 176); Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits in this case; Testimony of Julia Alba Navarrete Mosquera before the Prosecution Service of July 5, 2006 (evidence file, folio 14774), and Testimony of Pedro León Acosta Palacio of February 21, 1986, before the Special Commission (evidence file, folio 15266). 124 Cf. Report of the Truth Commission (evidence file, folio 176); Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23388); Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits in this case; Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24569); Testimony of Orlando Arrechea Ocoro before the Prosecution Service of July 18, 2007 (evidence file, folio 15220), and testimony of Orlando Arrechea Ocoro before the Special Commission of November 28, 1985 (evidence file, folios 1220 and 1221). 125 Cf. Report of the Truth Commission (evidence file, folio 176); Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23388 and 23403); Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits in this case, and Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24569). 126 Cf. Testimony of Carlos Bacigalupo during the public hearing on the merits in this case and notes written by this deponent (evidence file, folio 36326); expert opinion of Máximo Duque during the public hearing on the merits in this case and written report of this deponent (evidence file, folio 36423), and unnumbered note signed by Brigadier General José Luis Vargas Villegas, Commander, Bogota Police Department, reporting on the context and development of the events related to the taking of the Palace of Justice to the Director General of the Police (evidence file, folios 31463 to 31466). 127 In addition, based on the results of the exhumation procedures, the Report of the Truth Commission also concluded that “there is inconsistency between the information handed over by the Institute of Forensic Medicine and what was found in the grave.” So that “the number of persons reported deceased is less than the real number, which could be more than 94 individuals.” Cf. Report of the Truth Commission (evidence file, folios 202 to 207, 214, 247 and 248). 128 In this regard, the Court notes that there are different lists that record different numbers of survivors. A list attached to the Report of the Special Court records 244 survivors, while the text of the report indicates that 215 individuals survived. In addition, on the “List of Persons Liberated from the Palace of Justice,” found during a judicial inspection of the B-2 of the 13th Brigade, 325 persons are recorded, and the Report of the AZ records 159 persons. Lastly, the report of the National Police lists 207 survivors. Cf. Report of the Special Investigative Court (evidence file, folios 664 to 666); Report of the AZ (merits file, folios 3437 to 3450); List of Persons Liberated from the Palace of Justice (evidence file, folios 38119 to 38132), and unnumbered note, National Police, Bogota Police Department, signed by Brigadier General José Luis Vargas Villegas, entitled “Informe: toma ‘Palacio de Justicia’” (evidence file, folios 31468 to 31483). 39

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