11
State also presented a report of the collection of DNA samples and their processing. At
the hearing, the State indicated that even though the investigative actions did not
have positive results, they did allow it to rule out possible locations where there were
traces of human remains, considering that the area has changed with the passing of
time and that it is very extensive, and it got ahead of itself when it stated that for the
year 2009 several actions would be carried out. In its last report, it indicated that the
investigative an exhumation actions carried out in the month of August 2007- observed
by the representatives- were practiced at that moment of the year, as many other
actions with a satisfactory result, considering the information offered by the
Meteorology and Weather Analysis Institute, IMAY, and by the General Management of
the Urrá Dam regarding the climate and the flows of the Sinú River, since that month
falls in the summer, but on that opportunity the action was suspended because the
land was flooded. It added that the actions have been carried out with the technical
support of criminal science groups made up by several professionals and with the
presence of the representatives and the experts invited by them. Finally, it reiterated
its will to carry out “all the actions within its reach to search for the remains of the
victims,” hoping that the Court will so acknowledge it in its order of compliance.
20.
That the representatives indicated that, according to the report of the State
itself, the Solicitor General of the Republic had not included in the search and
identification process of the disappeared persons the United Nations Protocol regarding
the search and identification of disappeared persons, or domestic search mechanisms
such as the National Search Plan approved in February 2007 by the Search
Commission for disappeared persons, as had been ordered by the Court in the
Judgment. Likewise, the representatives informed that there was “resistance of the
Solicitor General of the Republic to include scientific and technical mechanisms that
would lead to the execution of a serious and effective search plan.” Regarding the
research activities, they acknowledge that an excavation was carried out between the
14 and 22 days of August 2007 at the “Las Tangas” estate, where 643 pits were
excavated, and the activity had to be interrupted due to adverse weather conditions.
They also mentioned that several factors prevented the appropriate development of
the action, such as for example, the low number of personnel for the excavation, the
few tools available, the lack of prevision and coordination of the authorities manifested
especially through the flooding of the land with water channels due to the opening of
the floodgates of the Urrá dam, among other problems of a technical nature.
21.
That at the same time the representatives requested that, “the full identification
of the remains recognized through evidence in 1990, which are located in the cemetery
of the township of Pueblo Bello, be programmed.” Likewise, they mentioned that they
had filed a petition regarding the destination of the samples taken from 100 next of kin
of those disappeared in 1998 and that from the information provided by the Public
Prosecutors’ Office in August 2008 it could be concluded that none of those missing
has a “Single Registry of Disappeared Persons”. They added that of the 100 samples
taken, only 50 had been processed and that “the format of the chain of custody was
only found on 9 samples.” The representatives also informed that making the most of
the opportunity of the publication of the Judgment, “an ad requesting information of
the whereabouts of the victims” was published in a newspaper of national circulation.
Despite the latter, the representatives stated that they do not know if the publication
was made in the local oral and written means of communication, nor if it was, which
was the result of the measure. In the hearing, they indicated that the State limited its
actions to reiterating the information already known by the Court, even though they
consider that the Public Prosecutors’ Office made progress in the mechanisms that
allow it to identify the human remains, namely, the recollection of information on the