against the lieutenant of the “Tigre” Company and a corporal—for the murder of his son. 59 On September
3, 1998, Military Criminal Court of Instruction 47 sent the records of its investigation to the Villavicencio
Sectional Prosecutor's Office so that the latter could investigate the alleged disappearance of Óscar
Tabares. 60 However, in an October 16, 1998, order, the assigned prosecutor declared himself not
competent because he held that the complaint concerned a homicide, so he sent the records for
reassignment to the Eastern Regional Prosecutor's Office. 61
54.
During this process, on August 4, 1998, María Elena Toro filed a request for information with the
National Directorate of Prosecutors regarding the status of the investigation. 62 Subsequently, on
September 11, 1998, her legal representative requested information on the “[...] criminal investigation
filed with the Office of the Prosecutor.” 63 In response to that request, on September 22, 1998, the
National Director of Prosecutors stated “[...] there is no investigation into these events,” so he instructed
the Eastern Regional Director of Prosecutors to initiate the relevant investigations “as soon as possible.” 64
As a result, on November 17, 1998, the Fourth Eastern Regional Prosecutor's Office, headquartered in
Villavicencio, ordered a preliminary investigation to determine the circumstances of the death or
disappearance of Óscar Tabares. 65
55.
On March 5, 1999, the investigation was assigned to the National Human Rights Unit of the
Prosecutor General of the Nation 66. As part of the investigation, the Tisquesusa police were asked about
María Elena Toro's January 8, 1998, complaint, but they responded that “[...] nothing related to the
complaint was found during a review of the records in this Unit.” 67
56.
As part of this preliminary investigation, Ms. Toro gave numerous statements at the prosecutor's
office, in which she reiterated what she had stated to other authorities about what she knew concerning
the disappearance of Óscar Tabares and about her trip to San Juanito, Meta. 68 Iván de Jesús Toro Torres,
Holmar de Jesús Gallego Márquez, and Ramiro Henao Echeverry, son-in-law of María Elena Toro, also
made statements as part of the investigation and provided the same information. 69 Ms. Toro also
59
Cf. Preliminary investigation 463 of the Second Specialized Prosecutor’s Office, National Unit of Human Rights
and International Humanitarian Law Prosecutors, July 2, 2008, supra.
60
Cf. Communication of Military Criminal Court of Instruction 47 on September 6, 1998 (evidence, folio 191).
61
Cf. Order No. 432 of the Assigned Regional Prosecutor before the GAULA, Villavicencio, Meta, October 16,
1998 (evidence file, folio 2086).
62
Cf. Right-to-petition document signed by María Elena Toro, sent to the National Directorate of Prosecutors,
August 4, 1998 (evidence file, folio 2088).
63
Cf. Letter on behalf of María Elena Toro, sent to the National Director of Prosecutors, September 11, 1998
(evidence file, folios 193 and 194).
64
Cf. Record No. DNF/RAL/6255, National Directorate of Prosecutors, September 22, 1998, (evidence file, folio
196).
65
Cf. Order of the Fourth Assigned Regional Prosecutor's Office, Ref: Preliminary 5166, November 17, 1998,
(evidence file, folio 198).
66
Cf. Order No. 105 of the National Directorate of Prosecutors, March 5, 1999, (evidence file, folios 2097 and
2098).
67
Cf. Record DNF/AMP/No. 002700 of the National Directorate of Prosecutors, April 9, 1999, (evidence file, folio
2100).
68
Ms. Toro gave a statement to the Prosecutor's Office on November 17, 1998—to which she added on February
7, 2000—explaining in greater detail the facts concerning Óscar Tabares’s bank account, the information received
from Óscar's fellow soldiers about the events, and her visit to San Juanito, Meta. She was later called to make
statements again on July 12, 2002, October 13, 2006, August 13, 2009, and July 20, 2011. Cf. Statement of María
Elena Toro before the Regional Prosecutor on November 17, 1998, supra; Addition to statement record of María Elena
Toro before the Prosecutor General of the Nation, February 7, 2000 (evidence file, folios 200–202); Statement record
of María Elena Toro before the Prosecutor General of the Nation, July 12, 2002, supra; Addition to statement record
of María Elena Toro before the Second Specialized Prosecutor attached to the National Human Rights and International
Humanitarian Law Unit, October 13, 2006 (evidence file, folios 98–101); Addition to statement record of María Elena
Toro before the Prosecutor General of the Nation on August 13, 2009 (evidence file, folios 215–238); and Addition to
statement record of María Elena Toro before the Prosecutor General of the Nation on July 20, 2011 (evidence file,
folios 3110–3120).
69
Cf. Statement of Iván de Jesús Toro Torres before the Prosecutor General of the Nation on December 14,
1998 (evidence file, folios 240–243); Statement of Holmar de Jesús Gallego Márquez before the Prosecutor General
of the Nation on December 14, 1998 (evidence file, folios 2022–2024); Statement record of Iván de Jesús Toro Torres
before the Prosecutor General of the Nation on July 12, 2002 (evidence file, folios 252–255); Statement record of
Holmar de Jesús Gallego Márquez before the Prosecutor General of the Nation, July 11, 2002, supra; and Statement
14