55
125(63) On October 23, 1997, the paramilitary group arrived at the home of Martha
Cecilia Jiménez in Puerto Escondido, they looted her store, stole 90 head of cattle
and, in front of the whole family, murdered her spouse, Omar Iván Gutiérrez
Nohavá, who was 32 years of age at the time of his death, worked on his own farm,
had a general store, which was looted during the paramilitary incursion, and a
warehouse. He had two daughters, Eliana Juliet and Juliana Andrea Gutiérrez
Jiménez, who witnessed the death of their father. He was the son of José Aníbal
Gutiérrez Jaramillo and Rosa María Nohavá de Gutiérrez. He had three siblings, Fabio
Arley, Rosmira and María Luciria, all with the last names Gutiérrez Nohavá, as well
as three half-brothers by his mother, Víctor Manuel, Jair Ovidio and Walter Alirio, all
with the last names Tobón Nohavá. In addition to providing for his family, he also
helped his niece, Jésica Natalia Martínez Gutiérrez, financially. The death of Omar
Iván affected his family considerably, especially his sister Lucira, mother of Jésica
Natalia, who, together with a nephew called Francisco Daniel Córdoba, witnessed the
death of her loved one.73
125(64) The same day, when they left the dock in Puerto Escondido, the paramilitary
group murdered Olcris Fail Díaz Pérez, José Darío Martínez Pérez and Otoniel de
Jesús Tejada Jaramillo.
125(65) Olcris Fail Díaz Pérez was 26 years old at the time of his death; he worked
on a farm owned by his parents and lived with his parents and siblings. He was the
son of Mercedes Rosa Pérez Pino and Heriberto Díaz Díaz,74 and his siblings were Luz
Nelly, Deicy Berenice, Iraima, Alexander de Jesús and Noelia, all with the last names
Díaz Pérez. The death of Olcris Fail Días Pérez had serious consequences for his
family, which displaced from El Aro to Yarumal, leaving their farm and their
possessions. Also, his father’s health worsened as a result of the death of Olcris Fail
Díaz Pérez and the family’s displacement. His sister Noelia suffered a great deal as a
result of her brother’s death.75
125(66) José Darío Martínez Pérez was 46 years old at the time of his death. His
permanent companion was María Esther Orrego76 with whom he had four children,
María Elena, Rosa Delfina, Carlos Arturo and José Edilberto, all with the last names
Martínez Orrego. He also had two sons who he had not acknowledged, Edilson Darío
Orrego and William Andrés Orrego, as well as an adopted daughter, Mercedes Rosa
Patiño Orrego. He had a brother named Heraldo Enrique Martínez Pérez.77
73
Cf. birth certificate of Omar Iván Gutiérrez Nohavá (file of attachments to the application, folio
282); death certificate of Omar Iván Gutiérrez Nohavá (file of attachments to the application, folio 284);
and statement made confidentially before the Inter-American Court of Human Rights on October 28, 2004
(file of attachments to the requests and arguments brief, folio 3166).
74
Cf. death certificate of Olcris Fail Díaz Pérez (file of attachments to the application, tome I, folio
174).
75
Cf. statement made confidentially before the Inter-American Court of Human Rights on October
27, 2004 (file of attachments to the requests and arguments brief, folio 3168).
76
Cf. birth certificate of María Ester Orrego (file of attachments to the application, tome I, folio
432).
77
Cf. identity card of Heraldo Enrique Martínez Pérez (file of attachments to the application, tome I,
folio 425).
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