31
113. In a statement on February 18, 2008, Mrs. Carmen Teresa Omeara Miraval mentioned
that members of the security forces were the material authors of the attack suffered by her
father and specifically pointed to CV and members of ÚNASE.92
114. On March 27, 2008, March 19, 2009, March 26, and May 4, 2010, Prosecutor 44 again
ordered the taking of evidence. Mrs. Carmen Omeara testified again on August 17, 201093.
115. On April 8, 2011, the 44th Prosecutor's Office received the statement from RPr, who
gave an account of the relations that his father had with the DAS and the army. He also
pointed to MR as the commander of at the time of the events.94
116. On December 20, 2013, the claimants requested that the crime under investigation be
declared a crime against humanity and, therefore, outside application of the statute of
limitations.95 On February 3, 2014, the 44th Prosecutor's Office issued an inhibitory resolution,
arguing that the facts denounced regarding Messrs. Sepúlveda Saravia and Omeara Carrascal
were already outside the statute of limitations and that, for this reason, the investigation was
archived.96 The resolution of February 3, 2014 was appealed on February 10, 2014, and on
April 21, 2014, the First Delegate Prosecutor's Office before the Superior Court of
Bucaramanga determined that the murder of José Erminso Sepúlveda Saravia and the
attempted murder of Noel Emiro Omeara Carrascal constituted crimes against humanity.97
After said decision, the case returned to the 44th Prosecutor's Office. On March 7, 2016, file
No. 397 was reassigned to the 66th Prosecutor's Office of the National Directorate of Human
Rights and IHL Prosecutors (hereinafter also "66th Prosecutor's Office"), which also has files
No. 015A and No. 1663 corresponding to the cases of Manuel Guillermo Omeara Miraval and
Héctor Álvarez Sánchez.98
117. On July 18, 2016, the 66th Prosecutor received a report from the Judicial Police
indicating the persons related to the investigation carried out into the murder of José Erminso
Sepúlveda Saravia and Noel Emiro Omeara Carrascal, the murdered members of the MAC, the
members of the UNASE group, the National Police, the DAS, as well as a list of the statements
received during the processing of the investigation.99
was listed as a policeman in Quindío. The next of kin and witnesses to the events were also located and their
statements were taken (evidence file, annex 5 to the answering brief, fs. 5171 to 5184).
92
Statement of Carmen Teresa Omeara Miraval before Prosecutor 44, supra.
93
Statement of Carmen Teresa Omeara Miraval of August 17, 2010, supra.
94
Statement given by RPr before Prosecutor 44 on April 8, 2011 (evidence file, annex 5 to the answering brief,
fs. 5781 to 5784).
95
Request to declare the murder of José Erminso Sepúlveda and the attempted murder of Noel Emiro Omeara
Carrascal as crimes against humanity, and therefore their exemption from the statute of limitations, issued by the
civil party before the 44th Prosecutor's Office on December 20, 2013 (file of evidence, annex 5 to the answering brief,
fs.6109 to 6122).
96
Order of the Prosecutor's Office 44 of February 3, 2014 (evidence file, annex 5 to the answering brief, fs.
6149 to 6175). In the same act, it dismissed the request of the civil party to declare the crime as a crime against
humanity and to decree its exemption from the statute of limitations, alleging that there was insufficient evidence to
determine the existence of a specific actor responsible, while multiple legal and illegal armed actors were acting in
Aguachica and the alleged participation of UNASE or the security force in illegal activities had not been proven, being
merely rumors or hearsay.
97
Appeal of the decision of February 3, 2014 was made on February 10, 1024 [sic] by the 44th Prosecutor's
Office, of the civil party and sustained on March 4, 2014 (evidence file, annex 5 to the answering brief, fs. 6181 to
6193), and Order to revoke the decision of February 3, 2014, issued by the First Acting Prosecutor before the Superior
Court of Bucaramanga, on April 21, 2014 (evidence file, annex 5 to the answering brief, file 397 , pages 6177 to
6212).
98
Assignment of File 397 to Prosecutor 66 of the National Directorate of Human Rights and IHL Prosecutors
(evidence file, annex 129 to the brief with pleadings, motions and evidence, fs. 3499 to 3500).
99
Cf. Report of the Judicial Police addressed to Prosecutor 66 of July 18, 2016 (evidence file, annex 5 to the
answering brief, fs. 6324 to 6328).