36
141. On August 17, 2010, Jaime Antonio Omeara Miraval testified before the Prosecutor's
Office that “the three deaths [...] are linked”.130
142. On June 25, 2012, the National Unit for Justice and Peace forwarded to the UNDH a copy
of the account given by JP on June 24, 2010. It states that the author of the murder of Manuel
Guillermo Omeara was GM by order of RP.131
143. On May 7, 2015, he gave a preliminary statement to MR, in which he acknowledged
having participated in the crime of Mr. Omeara Miraval and stated that it was the DAS that
"handed" RP the name of the victim and the motivations for his attack, and it was he who was
entrusted with recovering the body of Mr. Omeara Miraval and handing it over to the DAS.132
144. On July 11, 2016, Prosecutor 66 ordered the performance of proceedings in order to
complete the investigation. 133. MR, is linked to process 015 A, still pending definition of its legal
status.
F.2.2. Military criminal jurisdiction
145. On October 24, 1994, the State opened an investigation under Military Criminal Court
109 (hereinafter also “Court 109”) with the aim of establishing whether there were military
personnel linked to the events that occurred to Manuel Guillermo Omeara Miraval.134
146. On July 24, 1996, Court 109 asked the Director of the Barranquilla Regional Prosecutor's
Office for the legal proceedings to be carried out due to the disappearance and death of Manuel
Guillermo Omeara Miraval. On October 18, 1996, said request was denied by the Prosecutor's
Office, since no member of the security forces was linked to the investigation.135
147. On December 26, 1996, Court 109 decided to refrain from opening a criminal
investigation, a decision that was revoked on April 3, 1997, ordering the practice of
photographic recognition of UNASE personnel.136
148.
There is no evidence that the investigation has been closed.
F.2.3. Disciplinary Investigation
In particular, he indicated “first there is the issue of [his] father who, unfortunately, was caught up in the
attack made against the secretary of the Mayor's Office and months later [his] father died, then [his] brother began
to investigate who had shot [his] father and [his] brother [Manuel] Guillermo was killed for that too and then, about a
month after [his body] was found, they attacked Mr. Héctor Álvarez, who was the father-in-law of [his] brother
[Manuel] Guillermo, in that attack he became a quadriplegic and died about 4 or 5 years after the attack, I think.”
Statement by Jaime Antonio Omeara Miraval before Prosecutor 66, supra.
131
Format for certified copies of the free statement of JP of June 25, 2012, issued by the National Justice and Peace
Unit (evidence file, annex 62 to the brief with pleadings, motions and evidence, fs. 2444 to 2448).
132
Cf. Investigation of MR before the 66th Prosecutor for Human Rights and IHL – Bucaramanga. File 015A.
Valledupar, of May 7, 2015 (evidence file, annex 59 brief with pleadings, motions and evidence, fs. 2420 to 2430).
133
The procedures are: to request information from the Justice and Peace jurisdiction on statements regarding
Omeara Miraval; obtain information on the demobilization of MR and JP; locate and exhume the body of Omeara
Miraval to establish whether there was torture; verify where JMr is being held and take his statement; investigate
the two DAS members that MR pointed out. Cf. Official letter of the Prosecutor's Office 66 of July 11, 2016 (evidence
file, annex 6 to the answering brief, f. 10301).
134
State's brief of August 8, 2014, received by the Commission on August 11, 2014 (evidence file, proceeding
before the IACHR, fs. 1044 to 1091).
135
Letter from the UNDH Regional Prosecutor of October 18, 1996 (evidence file, annex 6 to the answer, fs.
7415 to 7416).
136
Decision of Military Investigation Court 109 of December 26, 1996 and April 3, 1996 (evidence file, annex 6
to the answering brief, fs. 8774 to 8781 and 8785 to 8786).
130