It has not been proved that it was 11 individuals who left the judicial complex alive and who were subsequently forcibly disappeared; rather this evidence only relates to two of them – Irma Franco Pineda and Carlos Augusto Rodríguez Vera – thus the Chamber finds that it must decide the partial nullity of the proceedings. 179. The Superior Court indicated that the partial nullity “was required because the information on which it based its decision was not supported by all the necessary evidence that was available (principle of a serious and comprehensive investigation), and the content of that evidence was so decisive that it transcended the ruling, despite which it had not been obtained.” 238 180. That court also stated that: Cristina del Pilar Guarín Cortés, David Suspes Celis, Bernardo Beltrán Hernández, Héctor Jaime Beltrán Fuentes, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, Norma Constanza Esguerra Forero, Gloria Isabel Anzola de Lanao and Lucy Amparo Oviedo Bonilla are in an undefined situation, as indicated by the Council of State in different judgments against the State in which it has considered it to be a service-related failure that nothing is known about them, in the understanding that, as of the moment at which the guerrillas took the Palace of Justice, the Colombian State assumed, through its civil and military authorities, control of the judicial premises in order to retake them and that the individuals did not appear among the deceased; however, it has not been proved that they left the building alive. 239 181. In addition to convicting the Commander of the Cavalry School, the Superior Court ordered some measures of reparation to honor the memory of the victims, and also that the investigation into the possible responsibility of other persons continue. In this judgment it established that: “[t]hus, the Colombian State [would] show the international community its interest in truly honoring its undertaking to avoid the impunity of crimes against humanity committed by State agents.” 240 182. The defense and the Pubic Prosecution Service filed remedies of cassation. 241 On February 5, 2013, the Third Attorney delegated to Criminal Cassation considered that the two appeals were sufficient to request the cassation of the contested judgment. 242 This cassation is pending a decision. F.2.b) Proceedings against members of the COICI 183. On December 15, 2011, the 51st Criminal Court acquitted the accused, because “doubts arise […] from the evidence analyzed, since there is no direct, precise and specific indication” of their responsibility. 243 Nevertheless, in this decision, the 51st Criminal Court refuted the hypothesis that the eleven disappeared persons had died inside the Palace of Justice or that their corpses were in the mass grave, and concluded that these persons: On the day in question, were inside the building that was occupied and after this they abandoned the building alive, and were taken to the Florero Museum and, subsequently, unlawfully deprived of liberty, because, even though in some cases they were seen alive by some of the hostages who were released and, in other cases, the next of kin describe their exit from the building based on their own inquiries, the fact is that, to date, they have not appeared either alive or dead, which reveals that, 238 The Superior Court of Bogota decreed the nullity “following the closure of the investigation, so that the investigating body may implement all the pertinent proceedings to determine the true situation of the nine persons […] whose whereabouts are unknown.” Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23288 and 23289). 239 Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23287 and 23288). 240 Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23450, 23451 and 23454). 241 Cf. Intervention of the Third Attorney delegated to Criminal Cassation of February 5, 2013 (evidence file, folio 37521). 242 Cf. Intervention of the Third Attorney delegated to Criminal Cassation of February 5, 2013 (evidence file, folio 37624). 243 Cf. Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folio 21110). 61