and peace” jurisdiction is particularly significant in this case since, as was noted above, there are allegations
that the acts of violence were committed in retaliation for inquiries made by the victims into the attacks
suffered by their family members, the origin of which was the attack on Noel Emiro Omeara in which there is
information that directly implicates state agents.
191.
In that regard, the Commission notes that the consequence of not linking the investigations
conducted, respectively, into the disappearance and death of Guillermo Omeara Miraval and the attack on
Héctor Álvarez with the inquiry into the attack on Noel Emiro Omeara is an obstacle to clarifying the
relationship between the State agents and members of a paramilitary group who are alleged to have been
involved in the incidents. On this point, the Commission notes that the Court has held that "[i]nvestigating
with due diligence requires taking into consideration what happened in other murders and establishing some
type of connection with them. This should be carried out ex officio, without the victims or their next of kin
being responsible for taking the initiative."240
192.
In light of the foregoing, the Commission considers that the separate nature of the
investigations constitutes a breach of the duty to investigate the facts with due diligence and hinders both
their clarification and the identification of those responsible, particularly the State agents involved.
b.
The Investigation of What Happened to Noel Emiro Omeara
193.
Investigation No. 397 was opened on January 31, 1994, for the homicide of Erminson
Sepúlveda Saravia and was reassigned in October 1998 to the National Human Rights Unit of the Prosecutor’s
Office in Bogota. The Commission sees that it was not until four years later, on August 31, 1998, that the
Regional Director of Public Prosecutions in Barranquilla ordered the registration of Noel Emiro Omeara
Carrascal in the investigation of the death of Erminson Sepúlveda. More than 10 years later, in April 2010, the
former head of SIJIN Judicial Unit of Cesar South based in Aguachica, Pedro Alirio Ibáñez Castro, testified
regarding the failure to include Noel Emiro Omeara Miraval in the investigation, saying that he did not know
“why Mr. BERNAL had no knowledge of the other injured person.”
194.
The Commission finds that the extensive delay in investigating the crime committed against
Mr. Omeara Carrascal is reflects negligence in investigating the incident and translates into an obstruction
and impediment in the search for the truth and punishment of the culprits. This, particularly bearing in mind
the importance of the initial inquiries in clarifying the facts.
195.
In addition, as regards investigative proceedings, the Commission notes that, in order to
demonstrate due diligence, the State said that a series of procedures was ordered for the purpose of collecting
evidence and that various reports were received. However, beyond mentioning them, the State furnished no
evidence to the Commission by which to determine the content of the procedures ordered or their results. In
that connection, the Commission finds that the State has not shown that essential procedures were carried
out, such as planimetric diagrams, reconstruction of events, or identification of discharged rounds in order to
determine responsibilities; or that logical lines of investigation were exhaustively pursued. In particular, the
Commission notes that although the State reported that a number of procedures were carried out as part of
an inspection of the UNASE and to obtain information about the illegal group “Los Macetos,” it does not have
information on the results of those efforts.
196.
The Commission finds that in the State's last brief containing its observations, it mentioned
that the proceeding remain at the preliminary inquiry stage without providing details about the persons
currently under investigation therein. Accordingly, the Commission finds that more than 21 years after the
events the investigation still appears to be at that preliminary stage, in spite of the fact that in the framework
of the justice and peace jurisdiction there are statements pointing to the possible perpetrators.
c.
The Investigation of What Happened to Guillermo Omeara Miraval
240 I/A Court H.R., Case of Landaeta Mejías Brothers et al v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of August 27, 2014. Series C No. 281, par. 224.
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