Cavalry School, the Superior Court of Bogota rejected the identifications made on the basis
of this video, considering that they did not prove that the presumed victims left the Palace
of Justice alive. The Court verified that this video does not contain images of the exit of the
hostages from the Palace of Justice on November 6 and 7, 1985, but rather interviews with
family members and images of drawings of the presumed victims. Therefore, the Court
considers that any identification made on the basis of this video only proves that the person
who made the identification knew the presumed victim and could recognize him or her in
other videos which did record the exit of hostages from the Palace of Justice. 416
Consequently, the identifications made based on this video do not constitute evidence that
any of the presumed victims in this case left the Palace of Justice alive and, thus, the Court
will not take them into account to that end.
276. The Court will now describe the identifications made of each presumed victim, if
applicable, and the corresponding considerations of the domestic courts.
277. Cristina del Pilar Guarín Cortés was identified in nine videos and two photographs
showing the exit of hostages from the Palace of Justice by members of her family,
specifically her parents and brother, as well as by relatives of other persons presumably
disappeared, during the procedures carried out in 1987, 1988, 2006 and 2007. 417 In
addition, in 1988, another person who was there on the day of the taking of the Palace of
Justice, María Nelfi Díaz, testified that she is the person who had been indicated in the
videos as Cristina del Pilar Guarín Cortés. 418 The first instance courts that have heard this
case have accorded probative value to the identifications made by the next of kin of Cristina
del Pilar Guarín Cortés and have used them to prove that she left the Palace of Justice
alive. 419 To the contrary, the Superior Court of Bogota, in both the second instance
416
Similarly, the Superior Court of Bogota indicated that “DVD No. 2 collected from the Caracol Television Station
does not have probative value, because [it was made] based on portraits prepared from photographs of these
persons, not their exit from the Palace of Justice.” Cf. Judgment of the Superior Court of Bogota of January 30, 2012
(evidence file, folios 23100, 23104, 23116, 23125 and 23176).
417
Specifically, Cristina was identified in videos No. 761 and No. 2 by her parents and by Carlos Augusto Rodríguez
Vera’s father in 1987 and 1988, respectively; in videos No. 11 and No. 15 by her parents in 1988; by her brother,
René Guarín, in the TVE video, and in the video DVD 01 of the Colombian Film Heritage Foundation in 2006, indicating
that it appeared to be his sister. In 2007, in a video handed over by Ana María Bidegain, in Beta video No. 1 obtained
during the inspection of the Attorney General’s office, and in the video obtained during the judicial inspection of the
residence of the Commander of the Cavalry School. In the latter, also by Cecilia Cabrera in 2007; and in two
photographs by her brother in 2006. Cf. Extract from the procedures of December 22, 1987; of January 13, 14 and
15, 1988, in the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23173 and
23174); record of continuation of the procedure of presentation of videocassettes with images of the taking of the
Palace of Justice on January 15, 1988, before the 30th Itinerant Criminal Investigation Court (evidence file, folios
30985 and 30986); testimony of René Guarín Cortés of July 26, 2006, before the Prosecution Service (evidence file,
folios 28070 and 28072); Testimony of Sandra Beltrán Hernández and René Guarín Cortes of August 16, 2007
(evidence file, folios 1087, 1089 and 1090), and Testimony of Cecilia Cabrera of August 16, 2007 (evidence file, folio
1058).
418
Cf. Extract from the testimony of María Nelfi Díaz of February 5 and 12, 1988, in the judgment of the Superior
Court of Bogota of January 30, 2012 (evidence file, folios 23184 and 23185). In a previous statement, Ms. Díaz had
described the way in which she had been evacuated carried on a soldier’s back, which coincides with the images which
have been identified as Cristina del Pilar Guarín Cortés and, subsequently, in 2007, she only recognized herself in a
video obtained in the residence of the Commander of the Cavalry School, indicating that “it appear[ed] to be [her],”
but she did not recognize herself in the TVE video. In 2008, she was again shown the TVE video and did not recognize
herself. In addition, when her daughter saw the said video for the second time, she did identify her mother. Cf.
Extracts from the testimony of María Nelfi Díaz of December 5, 1985 and of 2007, before the Prosecution Service in
the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23183 and 23186); Testimony
of María Nelfi Díaz of November 25, 2008 (evidence file, video, folio 15000), and Testimony of Julio César Valencia
Díaz of November 24, 2008 (evidence file, video, folio 15000).
419
Regarding the identifications made by María Nelfi Díaz, the Third Criminal Court indicated that her
statement “is not credible because it is contradictory and imprecise,” and also that “when her version is analyzed
together with the testimony of her son, Julio Cesar Valencia Díaz, her account becomes even more implausible
and, for this reason, this court [has decided to order certified] copies so that an investigation can be conducted
96
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