hostages and the presumed perpetrators of the taking of the Palace of Justice. However,
this does not justify the failure to register the detention of those presumably responsible.
247. The Court has considered that any detention, regardless of the reason or the duration
must be duly recorded in the pertinent document, indicating clearly, at least, the reasons
for the detention, who made it, the time of detention and the time of release, as well as
proof that the competent judge was informed, in order to protect against any unlawful or
arbitrary interference with physical liberty. 364 Also, in a situation such as that of the instant
case, it was essential that the State register all the survivors who left the Palace alive. This
record would not only have served as a guarantee against forced disappearance, but could
also have helped in the subsequent identification of those who did not survive.
248. The Court also notes that at least some of those who were not registered in the Casa
del Florero are the same as the persons considered suspicious by the State agents. This was
the case of the presumed victims Eduardo Matson Ospino, Yolanda Santodomingo Albericci
and Irma Franco Pineda, and also of Orlando Arrechea, who the State agents considered
suspicious (supra paras. 244 and 138). Regarding Mr. Matson Ospino and Ms.
Santodomingo Albericci, there is even a note from the DIJIN to a captain of the B-2 of the
13th Brigade indicating that “it was presumed that they had participated in the taking of the
Palace of Justice.” 365 In this regard, the Third Criminal Court concluded that this failure to
register some people “confirm[ed] the concealment of those considered ‘special.’” 366
249. Based on the above, the Court considers it has been proved that, among the persons
who survived the events of the Palace of Justice, those considered suspicious were
separated and retained or detained. However, the exit from the Palace alive and the
retention or detention of at least some of these “suspects” was not recorded (as in the case
of Irma Franco Pineda) or was only included on some lists, but not comprehensively in the
official records (as in the cases of Yolanda Santodomingo Albericci, Eduardo Matson Ospino
and Orlando Arrechea). Therefore, the Court finds that the absence of a record of the exit
from the Palace alive of the presumed disappeared victims is not sufficient to discard this
possibility. In addition, the failure to register the persons considered suspicious reveals that
the authorities concealed information on them, which, when applicable, accords with the
denial of information that forms part of a forced disappearance.
A.2.c) The transfer of suspects to military premises where torture and
disappearances occurred
250. The Court finds it has been proved and the State has acknowledged that Carlos
Augusto Rodríguez Vera, Irma Franco Pineda, Yolanda Santodomingo Albericci and Eduardo
Matson Ospino were taken to a military base because they were considered suspicious
(supra paras. 109, 111, 138 and 139). Furthermore, Orlando Arrechea was also taken to
military garrisons, including the Cavalry School, and then to the Sixth Police Station. 367 In
this regard, the Truth Commission asserted that the “hostages, referred to as ‘special’ by
the security forces, were taken to the second floor of the Casa del Florero and,
subsequently, several of them were transferred to military premises,” while at least seven
persons later disappeared. 368 In addition, during the criminal proceedings against the
364
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 53, and Case of J. v. Peru. Preliminary objection, merits,
reparations and costs. Judgment of November 27, 2013. Series C No. 275, para. 152.
365
Cf. Note of the DIJIN of November 14, 1985 (evidence file, folio 18793).
366
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio
23959).
367
Cf. Testimony of Orlando Arrechea before the Prosecution Service of July 18, 2007 (evidence file, folio 15217).
368
Cf. Report of the Truth Commission (evidence file, folios 176 and 400).
84
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