2003, the Commission convened a hearing on February 26, 2003, during the 117th Session. The petitioners
presented their arguments on the merits on November 10, 2010, and on May 17, 2014. For its part, the State
submitted its observations on August 18, 2011, and August 11, 2014. Finally, on 27 May 2015 the petitioners
submitted additional information on the identity of the alleged victims’ next-of-kin, which was duly sent to
the State.
III.
POSITION OF THE PARTIES ON THE MERITS
A.
The Petitioners’ Position
5.
The petitioners stated that the municipality of Aguachica is located in a heavily militarized
region with a large presence of paramilitary groups and the guerrilla group known as the National Liberation
Army (ELN). They indicated that in the 1990s - and for several years - a paramilitary group led by members
of the "Prada" family operated in the region. They indicated that the Armed Forces and other State security
agencies maintained a significant presence with two military bases, the second district of National Police and
the Kidnapping and Extortion Prevention Unit (hereinafter "UNASE") located in the main square, a short walk
from the Municipal Town Hall.
6.
They indicated that in mid-1991, the Community Action Movement (hereinafter "MAC") was
organized in Aguachica. They said, however, that since its inception it was seen as part of the political
apparatus of the ELN, coming from the "M-19" Movement. They noted that on October 7, 1993, several
members of the MAC complained to the Procurator General's Office in Bogota that they were on a UNASE list
together with lists used by other authorities, as well as for other acts of persecution against them. They
mentioned that on February 25, 1994, Mr. José Eerminson2 Sepúlveda Saravia, a member of that party who
was a private secretary in the Aguachica Town Hall, made an oral complaint that he appeared on the list as
"the next victim of violence."
7.
They argued that on January 28, 1994, Noel Emiro Omeara Carrascal, a cattle rancher, and
Erminson Sepúlveda Saravia were attacked by UNASE agents while they were having lunch at a restaurant.
They indicated that the Secretary died immediately and that Noel Emiro Omeara Carrascal was hit by a bullet.
They added that despite undergoing several operations, Mr. Omeara Carrascal did not show any signs of
improvement and died six months later. They indicated that Mr. Noel Emiro Omeara Carrascal told his family
that the perpetrators were UNASE agents and that he recognized one of them known as "Rambo".
8.
They stated that Noel Emiro Omeara’s son, Manuel Guillermo Omeara Miraval, who was an
administrator of the San Miguel farmstead (owned by his father-in-law, Héctor Álvarez Sánchez), decided to
investigate the circumstances of the attack on his father, without State protection. They said that on August
27, 1994, seven months after the attack on his father, Manuel Guillermo Omeara Miraval was stopped by a
group of heavily armed men and that on the following September 23, his remains were found bearing signs of
torture.
9.
They argued that UNASE members appeared during Guillermo Manuel Omeara’s wake, on
the night of September 23, 1994. Although members of the police were present at the wake, they were not
identified.
10.
They added that Héctor Álvarez Sánchez –Manuel Guillermo Omeara’s father-in-law—
testified before the Prosecutor’s Office regarding the men who had kidnapped his son-in-law and that, for that
reason, on October 21, 1994, he was the victim of a gun attack. They indicated that Mr. Álvarez Sánchez was
left a paraplegic and unable to speak, and that he died on May 11, 2000, due to the injuries caused by the
attack.
The Commission notes that the name of this individual has been referred to indiscriminately by the parties as Herminson and Erminson.
In this regard, the Commission will refer to the individual as José Erminson.
2
2