establishing whether the remains belonged to members of the M-19, 265 while the Superior
Court of Bogota considered that “there [was] information – fragmented, apparently – that
these activities extended not only to the members of the M19, but also to the disappeared,
visitors and employees of the cafeteria of the Palace of Justice.” 266
195. In the context of the proceedings against the members of the B-2, the Genetics
Laboratory of the Prosecutor General’s Office performed fresh DNA tests on the remains
that had been exhumed (supra para. 190), in order to complete the reports prepared in
2001 and 2002. The tests performed in 2010 concluded with the identification of one
presumed M-19 guerrilla and one civilian, previously identified by the tests performed by
the Universidad Nacional. 267 In June, July and September 2012, tests were also performed,
and these proved that other corpses did not belong to the disappeared. At this stage, for
the first time, tests were performed with regard to Norma Constanza Esguerra Forero and
Irma Franco Pineda. Also, a presumed member of the M-19 was identified. 268
F.4 Investigation into what happened to Carlos Horacio Urán Rojas
196. An investigation into the death of Auxiliary Justice Carlos Horacio Urán Rojas was not
undertaken immediately after the events of the taking and retaking of the Palace of
Justice. 269 His family received information that he had died inside the Palace of Justice, as a
result of crossfire in the building; hence they did not continue their initial inquiries or file a
complaint in this regard at the time (infra para. 332). However, on February 1, 2007,
during the investigation into forced disappearance, the Fourth Prosecutor found personal
documents of Carlos Horacio Urán Rojas in the security vault of the B-2 of the Army’s 13th
National Brigade on conducting a judicial inspection of the premises. This finding caused the
family to resume its inquiries. 270
Laboratory of the Universidad Nacional de Colombia (evidence file, folio 21689), and report on the results of the bioanthropological analysis of the osseous remains of the holocaust of the Palace of Justice deposited in the Physical
Anthropology Laboratory of the Universidad Nacional de Colombia (evidence file, folios 37905 to 37918).
265
Cf. Report of the Truth Commission (evidence file, folios 252 and 253), and report on the forensic anthropology
investigation of the case of the Palace of Justice, Physical Anthropology Laboratory of the Universidad Nacional de
Colombia (evidence file, folio 21703).
266
Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23047).
267
During this testing, no DNA comparison was made between the osseous remains and the samples from the next
of kin of Norma Constanza Esguerra Forero and Irma Franco Pineda. Cf. Note of the 55th Criminal Circuit Court of
Bogota of March 6, 2012 (evidence file, folio 37373). The file before this Court contains three 2010 reports on the
examination of the remains of three corpses and, regarding two of them, it is concluded that they belonged to René
Francisco Acuña (civilian) and Fabio Becerra Correa (presumed guerrilla). Cf. Report of DNA molecular typing and
comparison prepared by the Genetics Laboratory of the Prosecutor General’s Office on February 3, 2010 (evidence file,
folios 20649, 20651 and 20654 and 20656), and Report of DNA molecular typing and comparison prepared by the
Genetics Laboratory of the Prosecutor General’s Office on March 12, 2010 (evidence file, folio 30942).
268
At this stage, the remains were compared with samples from the next of kin of the disappeared based on the sex
of the disappeared family members and the sex attributed to the corpse. Cf. Laboratory reports of the Genetic Group
Identification Section of the Prosecutor General’s Office of June 8, 15 and 25, July 5 and 16 and September 26, 2012
(evidence file, folios 37376 to 37378, 37380 to 37382, 3784 to 37390, 37392 to 37397, 37400 to 37405, 37408 to
37415, 37417, 37422, 37425 and 37441), and attestation of the 55th Criminal Circuit Court of Bogota of April 10,
2012 (evidence file, folio 21252).
269
A 1986 report of the Attorney General’s office indicated that, as regards the precise circumstances of the death
of Carlos Horacio Urán Rojas, “it was only known with certainty that he was killed in the crossfire during the final
moments of the skirmish, trying to avoid it.” Report of the Attorney General’s office. El Palacio de Justicia y el Derecho
de Gentes. August 1986 (evidence file, folio 7924).
270
Cf. Testimony of Ana María Bidegain provided during the public hearing on the merits; application for amparo
filed against the Second Criminal Court of the Bogota Special Circuit on May 7, 2013 (evidence file, folio 35180), and
inspection of the B-2 vaults carried out by the Prosecution Service (evidence file, folios 18780 to 18791).
66
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents