Court 120 of Military Criminal Instruction. 190 In relation to the acts, in one of his subsequent testimonies,
Lieutenant Alfonso Portilla indicated, in relation to the persons who would have joined Soldier Rodríguez
Burgos that night, he did not give him the names, “only said they were his friends and according to him, he
mentioned to them that he was going to do that job, that they were reliable” and “that in previous occasions
they had worked together”. 191 Likewise, in relation to the motives for which he did not get up “from his
cambuche (hut)” when Mr. Rodríguez Burgos told him that “he was in danger”, Liutenant Erick Rodríguez
Aparicio indicated that it was “because in reality the soldier was not in danger” and “at the moment in which
he spoke to him he was in a drunken state”, therefore he told “the soldier to stay and sleep there where his
contraguerrillera was, not to leave the camping area, that really he had some problem out of the village”.192
Liutenant Alfonso Portilla indicated “the soldier remained the entire time as a civilian. He arrived as a civilian
and remained as a civilian”. 193
121.
Even though the above version was the one finally adopted by the domestic authorities,
during the investigation the Soldier, Juan Alexis Rodríguez Burgos, held various versions of the facts. In two of
his statements he accepted depriving Mr. Uva Velandia of his life in self-defense as he would have been
attacked by him. 194 Nevertheless, in the casefile appears a later version, in which he clarified the fact,
[… continuation]
189 In his report, Commander Alfonso Portilla Castro stated “the soldier mentioned before had orders from the Commander of
the Military Base of Ariporo to take food supplies and confirm information in Hato Corozal, he arrived in the bus of 13:00 and the
supplies would arrive in the bus at 18:00 hours, which for time reasons did not arrive … until the next day. Being 18:00 hours, soldier
Rodríguez ate at the base and expressed he had not met with the informant. At 01:00 hours of the 21, the soldier entered through the
sentry post of soldier Botia Acosta Nixon of the first counter-guerrilla with a puñaleta (knife) in his hand and without a shirt, the sentry
informed me immediately and he expressed having killed a subject, allegedly a guerrilla. At that time he asked him why he had done that
and he responded that he was sure he was a guerilla, that he already knew because he had been in the area with another patrol under the
command of Lieutenant Ariza, likewise I asked why he had not informed if he had already located him to detain him with a patrol and
expressed he had to do it that way. The soldier expressed having also informed Sub-lieutenant Rodríguez Aparicio Erick who was in
command of the other counter-guerrillas, once this was heard, I headed to where the said officer was and asked him what he had
informed soldier Rodríguez and he responded that the soldier was looking for trouble with some civilians and to get a patrol it was
noticeable his drunkennes state ordered him to leave it and lie down to sleep. According to the information of the soldiers … sentinels at
the time of the acts, soldier Rodríguez Burgos in company of three more civilians took a civilian to the post where the sentry were while
talking to the Commander of the other counter-guerrillas, after all this he told the civilians to leave that he would do it alone, at that time
he took off his shoelaces and tied him with his hands behind and took him, approximatley two blocks away the soldier expressed that the
civilian ran away, he ran in persecution and there was where he killed him according to this the soldiers that were sentry heard the yells
… at 2:00 AM soldier Rodríguez took us to the place where he left the cadaver we verified it and it really was dead, at that time we headed
to the National Police to inform of the performed acts, likewise to the Police Inspector and the Personero Municipal (Municipal
Ombudsperson) came to the scene and immediately proceeded with body collection.” Annex. 57. Report of Commander 1º Battalion Esc
“B” Portilla Alonso, June 22, 1992. Annex 1
190 Annex
Annex 1
58. Report of Commander 1º Battalion Esc “B” Portilla Alonso, June 22, 1992. Annex 1
191 Annex.
59. Ratification of the Report of Lieutenant Portilla before Court 120 of Military Criminal Instruction, June 23, 1992.
192 Annex. 60. Diligence rendered by Mr. ST. Rodríguez Aparicio Erick before Court 15 of Military Criminal Instruction,
February 11, 1992. Annex 1
Annex 1
193 Annex.
59. Ratification of the Report of Lieutenant Portilla before Court 120 of Military Criminal Instruction, June 23, 1992.
194 In his first declaration, indicated that “on coming to the inn a man appeared and told him […] I’m going to kill you because
you are a paramilitary”. He indicated that he replied to said person “I don’t have any trouble with you” and followed and “the man
appeared ahead. Pullsed out a knife [and] was going to stab him”. He stated that “the man followed him, running behind”, “punched him
and knocked him down and took away the knife and that’s when the case took place”. Also clarified that he “was not drinking”. Diligence
rendered by Juan Alexis Rodríguez before Court 120 of Military Criminal Instruction, (illegible date). Annex 1. In an elaboration of his
statement the soldier stated that “the man followed him […] and [he] reached the sentinel post and told them […] where was [… the]
Lieutenant Rodríguez and they replied, he is asleep”. Stated that he requested that “he went to him … and told him what is the problem
Rodríguez and replied … there is a man who wants to kill me and he told me, do you know the man?” Stated that “he told him that [the
man] was a guerilla” so the Lieutenant said “I won’t get up […] go to sleep and I replied to my Lieutenant, as you command”. Stated that
“he exited through the same sentinel post and a soldier told him, where are you going Burgos” and he replied “I’m going to sleep to the
cambucha “the hut” of my Lieutenant Portilla”. Stated that the sentinel soldier warned him “be very careful because that man is
suspicious” and later “the man appeared ahead and […] and followed him behind with a knife”. He then “punched him” and by doing so
“he cut the fingers”. There “pulled a knife he carried and on the road stabbed him “pa ‘tras (sic)” from behind”. Then he felt “someone
fell”. Stated that the knife he used is “held by another soldier” by the name of “CANTOR”. Annex. 62. Diligence of Amplification of
Investigation of Soldier Juan Alexis Rodríguez Burgos, August 12, 1992. Annex 1.