136.
The Commission finds that the complaint made by Erminson Sepúlveda in itself reflected a
situation of real and immediate risk, since he advised the authorities that his life was in danger. What is more,
however, that complaint was particularly credible and serious as it was framed by specific circumstances in
which a series of acts of violence was being reported against individuals who, along with Erminson
Sepúlveda, were also members of the MAC and were on a list of persons marked for execution, a number of
whom had already suffered acts of violence, some with fatal consequences (cf. supra par. 48).
137.
The Commission notes that, despite this situation of risk, the State provided no information
about any measures to provide Erminson Sepúlveda with effective protection in the wake of those concrete
complaints that suggested that the risk to him had increased. On the contrary, the record discloses elements
that could suggest collaboration on the part of agents of the State in enabling the attack to be perpetrated.
Thus, there is information, which the State has not contested that indicates that: (i) on the day of the
operation in which Emirson Sepúlveda's was killed and Noel Emiro Omeara was wounded, the National Police
conducted a search that “was only carried out that day” and relieved of their weapons all officials who
entered the office of the mayor of Aguachica; (ii) Erminson Sepúlveda bodyguards were not authorized to
carry weapons; (iii) at the time of the incident there was no police presence in the vicinity of the restaurant,
despite being one block from the police station.
138.
The Commission considers that in spite of the existence of a duty to prevent violations of
Erminson Sepúlveda rights bearing in mind the specific complaints made by him, the State's omission in that
regard resulted in the materialization of an attack on him in unprotected circumstances by an armed group
during which the rights of Noel Emiro Omeara were infringed. Based on the foregoing, the Commission
concludes that the harm to Noel Emiro Omeara’s physical integrity is attributable to the State on account of
its failure to discharge its obligation to prevent that attack. In the above-described context of collaboration
between State agents and the paramilitary group led by members of the Prada family in the area, the
Commission considers that an omission of this nature, apart from demonstrating a breach of the duty to
prevent violations of rights, could be interpreted as circumstantial evidence of collaboration on the part of
State agents, an aspect that the Commission analyzes in the section below.
ii)
The Involvement of State Agents in the Events of January 28, 1994
139.
To recap, the Commission notes that, according to the established facts, there is information
to suggest that the attack on Noel Emiro Omeara was the result of coordinated activity between agents of the
state and members of a paramilitary group aimed at executing Emirson Saravia.
140.
In that regard, the Commission observes that Juan Francisco Prada recognized that the deed
was committed by the “Prada” group, which, as the Commission has noted from various statements and police
reports, had a collaboration arrangement with agents of the State around the time of the events. In addition,
the Commission notes that there are statements that directly indicate that there were State agents among the
individuals who carried out the attack. Thus: (i) Noel Emiro Omeara said that the attack was carried out by
"persons belonging to the law”; (ii) Carmen Teresa Omeara Miraval said that she recognized an individual
with the alias “RAMBO” who was a member of ÚNASE and matched the description given by her father; (iii)
Landis Sepúlveda Saravia, Alba Luz Sepúlveda, Damaris Lanziano, and Jaime Antonio Omeara stated that they
learned from the comments of several persons that members of ÚNASE had carried out the attack. The
Commission finds that these statements are consistent with official records provided by the petitioners,
according to which, two of the individuals mentioned in the statements of Carmen Teresa Omeara as having
participated in the deed and who went by the aliases “Pelo de Puya” and “Rambo” were identified as serving
members of SIJIN in Aguachica, César.
141.
The Commission notes that, though the State indicated that "the available evidence
discovered by the National Prosecutor General's Office points to paramilitary groups as responsible" and not
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