Héctor Jaime Beltrán was not taken to [the Casa del Florero or to military premises], because his own brother, in his capacity as a DAS detective, remained near the Palace of Justice searching for the cafeteria employees, and especially his brother, before the hostages began to leave on November 6, and until the assault ended on November 7, as he affirmed in his statement […], and did not see him. 395 265. In this regard, the Court recalls that one of the characteristic elements of forced disappearance is precisely “the refusal to acknowledge the detention and to reveal the fate or the whereabouts of the person concerned,” so that it is questionable to reject the possible disappearance of a person based on the absence of information. It is not logical or reasonable to investigate a forced disappearance or deny that it occurred on the basis that those possibly responsible or the authorities involved failed to provide information on the whereabouts of the disappeared person. The Court recalls that, when investigating a presumed forced disappearance, the State authorities must take into account the characteristic elements of this kind of offense. 396 266. Furthermore, according to the statements of the next of kin, when they went to the military facilities, the State agents in charge of them denied that their family members were detained there (supra paras. 110, 112, 115, 117, 119, 121, 123, 125, 127, 129, 131 and 133). 267. On this point, the Third Criminal Court noted that “[d]espite abundant evidence indicating the presence of some of the disappeared in military garrisons, the soldiers systematically and to date have denied this fact.” 397 In this regard, it emphasized that different information was allegedly given to Gloria Stella Lizarazo Figueroa’s mother and sister (to whom a “sergeant” in “the Brigade situated in Usaquén” said that only men had been detained and that they were the leaders), to Ms. Lizarazo Figueroa’s husband (to whom they said that “they had people from the Palace of Justice retained” without giving him names) and to Gloria Anzola de Lanao’s brother (to whom “they acknowledged” that “there were two detainees who were tortured due to the excesses of some middle-ranking officials,” but no one else, without referring to the leaders who had been mentioned to Gloria Stella’s mother and sister). 398 Similarly, the Court notes that, according to Lucy Amparo Oviedo Bonilla’s mother, her son-in-law went to the 13th Brigade where they told him that “no one was detained there.” 399 However, Ms. Oviedo Bonilla’s sister indicated that, when asking for her, they looked for her name on a list of the “persons who were inside [the Brigade].” 400 395 Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23100 and 23238). 396 Cf. Case of González Medina and family members v. Dominican Republic. Preliminary objections, merits, reparations and costs. Judgment of February 27, 2012. Series C No. 240, para. 162. 397 This court emphasized that “owing to the insistence of those who went to [the 13th Brigade] seeking answers, surprisingly, the information provided [by the Brigade] changed, [indicating that] some people were retained there.” Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 24034 and 24057). 398 Oscar Anzola Mora indicated that “around the second week of December, [he] visited General Mejía Henao, Special Attorney assigned to the Military Forces,] who received [him] cordially and analyzed the facts, acknowledging that two detainees had been tortured owing to excesses committed by middle-ranking officers, who had already been sanctioned, [and that no one else was detained].” Cf. Testimony of Oscar Anzola Mora of February 3, 1986, before the Ninth Criminal Investigation Court (evidence file, folios 30003 and 30004); Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folio 24058); Testimony of Lira Rosa Lizarazo of December 12, 1985, before the Ninth Criminal Investigation Court (evidence file, folio 29541); Testimony of Deyamira Lizarazo of January 25, 1986, before the Ninth Criminal Investigation Court (evidence file, folio 29561); Affidavit made on November 5, 2013, by Luis Carlos Ospina Arias (evidence file, folio 35639). 399 Cf. Testimony of Ana María Bonilla de Oviedo of April 2, 1986, before the 27th Itinerant Criminal Investigation Court (evidence file, folio 30970). 400 Cf. Testimony of Armida Eufemia Oviedo Bonilla of June 24, 2008, before the Prosecution Service (evidence file, folio 29575). 92