precise, of what could happen to [him] if [he] continued searching for the manager [of the
cafeteria] or for anyone else.” 403
272. This Court underscores that the case file shows that the State was aware of the
alleged threats suffered by Yolanda Santodomingo Albericci, René Guarín Cortés and César
Augusto Sánchez Cuestas. 404 The latter was included in the Protection and Assistance
Program of the Prosecutor General’s Office until he left the country. 405 Also, according to
the State, it ordered preventive measures of protection for Yolanda Santodomingo Albericci
and her family. 406 Regarding the other persons, the only evidence of the threats are the
statements of the next of kin, without any record in the case file of whether the threats had
been formally reported to the authorities. However, in this regard, the Third Court
concluded that it was a “fact that did, indeed, take place; [… with] the intention of
preventing the clarification of the facts at any cost – take note, at any cost; ‘warning’ or
intimidating those who were taking steps to search for the eleven disappeared, or those
who were prepared to provide information about the latter.” 407 Furthermore, it is important
to stress that the State has not denied the occurrence of these threats, other than
indicating that they fall outside the factual framework (supra para. 45). Consequently, the
said threats constitute an additional indication of what happened to the presumed
disappeared victims.
A.2.h) The identification
acquaintances
in
videos
by
family
members
and
273. The departure from the Palace of Justice by those who had presumably been taken
hostage there was recorded and transmitted by different television channels. Thus, family
members and friends of several of the disappeared stated that they had seen their loved
ones leaving the Palace of Justice on the day of the events. In particular, family members of
Bernardo Beltrán Hernández testified that, on November 6, they saw on television a man
emerge who they recognized as Mr. Beltrán Hernández. 408 However, according to the
403
Cf. Testimony of César Augusto Sánchez Cuestas of December 18, 2007, before the Prosecution Service
(evidence file, folio 27849), and Testimony of César Augusto Sánchez Cuestas of September 19, 2007, before the
Prosecution Service (evidence file, folios 1102 and 1103).
404
The State was informed of the three situations by a request for information made by the Inter-American
Commission in response to a request for precautionary measures. Cf. Communications of the Inter-American
Commission of May 8, 2007, and March 18, 2008, and September 29, 2010 (evidence file, folios 16105, 16249 and
16283). Furthermore, the case file records that Ms. Santodomingo reported some of the supposed threats to the
Prosecution Service. Cf. Communications of Yolanda Santodomingo addressed to the Sectional Director of Prosecution
Units, Magdalena Section, and to the prosecutor of April 12 and 13, 2007 (evidence file, folios 16263 and 16264).
405
Cf. Note of Human Rights and International Humanitarian Law Unit of the Ministry of Foreign Affairs of July 17,
2008 (evidence file, folio 16270).
406
Cf. Final written arguments of the State (merits file, folio 4300).
407
Cf. Judgment of the Third Criminal Court of the Bogota Special Circuit of June 9, 2010 (evidence file, folios 24063
and 24064).
408
Cf. Affidavit made on September 4, 2013, by Sandra Beltrán Hernández (evidence file, folio 35510); Testimony
of Omaira Beltrán de Bohórquez of August 25, 2006, before the Prosecution Service (evidence file, folio 29378), and
Testimony of Bernardo Beltrán Monroy of August 25, 2006, before the Prosecution Service (evidence file, folio 29284).
Also, Eduardo Ignacio Meléndez advised the family that he worked near the Palace of Justice and had seen Bernardo
leave the Palace of Justice on November 6. However, on being asked, Mr. Meléndez stated that he “had not
approached the Palace of Justice at any time during the events; consequently, he could not see anything that was
happening directly and, therefore, had not seen anyone leaving, except for those shown on television.” Subsequently,
he added that he had commented to Bernardo’s mother that he “thought [he] had seen on a television news program
some people emerging who appeared to be some cafeteria employees.” In this regard, he indicated that he “was
trying to lift their spirits,” but that he had no information on “the persons who were inside the Palace of Justice.” Cf.
Testimony of Sandra Beltrán Hernández of August 25, 2006, before the Prosecution Service (evidence file, folio
29388); Testimony of Bernardo Beltrán Monroy of August 25, 2006, before the Prosecution Service (evidence file, folio
29284); Testimony of María de Jesús Hernández de Beltrán of December 18, 1985, before the Ninth Criminal
Investigation Court (evidence file, folios 29322 and 29323); Testimony of María de Jesús Hernández de Beltrán of
94
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