57
promptly and diligently to investigate the possible direct and/or indirect participation of state
agents.”235
221. Regarding the investigation into Álvarez Sánchez, the representatives stated that
despite the fact that the connection between the incident and the disappearance of Manuel
Guillermo Omeara Miraval arose from the complaint, “there is no action […] appearing to
incorporate this […] in the analysis of possible culprits”236, and that “the possible state
participation does not appear to have been taken seriously as an investigation hypothesis”, as
“[n]either the relationship […] with the context […] of the persecution of the MAC and the
extrajudicial execution of José Erminso Sepúlveda”.
222. Finally, the representatives indicated that “the State [did] not make any effort to
protect” “[the]” Omeara Carrascal “family”, in particular, Mr. Omeara Miraval, who was a
“victim and witness” of the events.237 In addition, they explained that Mr. Álvarez Sánchez
and his next of kin were not protected, even though the former had “given a statement before
the Prosecutor's Office in which he accused the [RP] group of being […] responsible […] for
the disappearance of his son-in-law.
223. The State indicated that “taking into account the advances in the criminal
investigations at the domestic level, it is not possible to establish, without a doubt, that the
alleged violations have the causal link alleged by the representatives and the [Commission].”
The fact that the State has not recognized it "does not imply that it denies that this could
eventually be the case" and this "remains a line of investigation." He asserted that the
investigations have been carried out “in an articulated manner”,238 and also clarified that “in
the domestic legal system, the general rule is that each criminal act is investigated separately,
and only exceptionally if the established requirements established by law are met, their
connection can be ordered”. It stated that the existence of “three different processes and
offices239 […] until March 2016, did not constitute per se a breach of the duty to investigate.”240
The representatives explained in this regard that: (a) “only” on August 9, 1995, was the “investigation of
the paramilitary chief [RP]” ordered; (b) that “despite the belated efforts to link Major [JL], who was later acquitted
of all responsibility, the file does not show that the State had acted promptly and diligently to investigate the possible
direct and/or mediated participation of state agents in the events”, and (c) there is evidence in the investigation that
indicates “that the Prada family group coordinated all the actions with the Police, the Administrative Department of
Security (DAS) and the Army. Furthermore, they indicated that there is no information on “an investigation into the
anonymous call that the DAS allegedly received and that led to the location of the body” of Mr. Omeara Miraval.
236
In particular, they stated that: a) they did not even “seek documentation on the criminal proceeding in which
[…] Álvarez [Sánchez] had testified before the attempt on his life”; and b) “[what] should have been the core evidence
of the investigation – the statement of […] Álvarez [Sánchez] regarding what happened to Manuel Guillermo Omeara
in which he accused the paramilitary group of the Prada family – was only obtained by the Prosecutor's Office nine
years after the events".
237
In the public hearing, they also stated that "the perpetrators" of the events "remai[n] in Aguachica."
238
Notwithstanding the foregoing, it acknowledged that there was a "late articulation" of the investigations into
the events that occurred with respect to the Omeara Carrascal and Álvarez Sánchez, "due to the late inclusion of Noel
Emiro [Omeara Carrascal] in the investigation -until July 1998-, and [as regards Mr. Álvarez Sánchez,] […] for the
period of inactivity from [the] beginning [of the proceedings] until March 2003.”
239
The State clarified that it was referring to “Prosecutor 44, [to] Prosecutor 66 and [to] Prosecutor 22,
respectively in the case of Noel Emiro [Omeara Carrascal], Manuel Guillermo [Omeara Miraval] and Héctor Álvarez
[Sánchez], all from the Directorate of the National Special Prosecutor for Human Rights and IHL”.
240
It maintained that the investigations "were carried out in a coordinated manner, taking into account the results
obtained and the lines of investigation developed in each one," that "the three prosecutors in charge [...] kept
themselves informed of the progress made in all the processes”, and that from the first proceedings, to the present,
“the three processes fed and fed back through multiple investigative proceedings, especially judicial inspections. Also,
in the three cases and during the practice of statements to relatives, neighbors and demobilized persons; Prosecutors
have permanently inquired about the possible interrelationship between the events.” Regarding the foregoing,
Colombia detailed a series of actions that, in its opinion, "demonstrate the aforementioned articulation." They are
referred to later. It also said that most of the statements by demobilized members of the Héctor Julio Peinado Front,
used to investigate paramilitary participation in the events involving Mr. Omeara Carrascal, "come [...] from the
investigations into the attack against Héctor Álvarez and the disappearance and execution of Manuel Guillermo
235