38
open the investigation as it had not been possible to identify those responsible. On October 2,
1996, the Aguachica Prosecutor's Office agreed to suspend the investigation by resolution.145
153. On March 10, 2003, the National Director of Prosecutors reassigned the investigation to
the Specialized Prosecutor's Office 22 of the Human Rights Unit (hereinafter also “Prosecutor's
Office 22”).146
154. On April 30, 2003, the 22nd Prosecutor took over the investigation and ordered the
continuation of the preliminary investigation. That same day, it ordered the location of Héctor
Álvarez Sánchez, through his son Miguel Ángel Álvarez Solano. In addition, the Technical
Investigation Corps (hereinafter also “C.T.I.”), and the Barranquilla Prosecutor's Office were
required to locate the investigation of the proceedings for the disappearance or kidnapping of
Manuel Guillermo Omeara Miraval.147 On May 30, 2003, the C.T.I of Aguachica issued a report
in this regard indicating that it was not possible to establish the identity of those responsible
for the act.148
155. On June 2, 2003, the 22nd Prosecutor's Office ordered a series of tests, among which
was locating through the C.T.I. the autopsy procedures, survey certificate, death certificate and
the clinical history of Mr. Alvarez Sanchez.149 Alvarez Sanchez. On July 25, 2003, the C.T.I sent
a report to the 22nd Prosecutor's Office in which it indicated that no autopsy was carried out,
nor was the removal of the body recorded because he died at home and it was assumed to be
a natural death, certified by the doctor who took care of him.150
156. On August 6, 2003, the 22nd Prosecutor again received the statement of Miguel Ángel
Álvarez Solano, who named GM and JPa as material authors of the attack against his father.151.
In turn, on July 28, 2003, Elva María Solano de Álvarez, widow of Héctor Álvarez Sánchez, gave
a statement before the Special Prosecutor of the Human Rights Unit of Bucaramanga, and
pointed out that the paramilitaries were responsible for the events, adding that her husband,
after having declared before the Regional Prosecutor of Barranquilla about what happened to
his son-in-law Manuel Guillermo Omeara Miraval, asserted that he had signed his death
sentence. In this regard, she indicated that her husband maintained that “as a result of that
Order of the Aguachica Prosecutor's Office of October 2, 1996, ordering the provisional suspension of an
investigation (evidence file, annex 105 to brief with pleadings, motions and evidence, fs. 2760 to 2761).
146
Resolution 000346 of the National Director of Prosecutors of March 10, 2003 (evidence file, annex 7 to the
answering brief, fs. 10327 to 10328).
147
Among the steps ordered were: locate Héctor Álvarez Sánchez through his son; free the C.T.I. to see if the
neighbors knew them; go to the municipal treasury to request information on the properties owned by Héctor Álvarez
Sánchez in that jurisdiction; go to the José Padilla regional hospital to establish whether he was treated there as an
emergency and obtain his medical history, and locate the office where the proceedings of Manuel Guillermo Omeara
Miraval are located, where Héctor Álvarez Sánchez made a declaration (evidence file, annex 7 to the answering brief,
fs. 10330 and 10332).
148
Report of the C.T.I. of May 30, 2003 (evidence file, annex 7 to the answering brief, file 1663, f. 10339).
The following reports were also issued or the following procedures were carried out: On June 2, 2003, an order for
taking of evidence was issued (evidence file, annex 7 to the answering brief, fs. 10348 to 10352). On June 16, 2003,
the C.T.I. of Aguachica issued a report (evidence file, annex 7 to the answering brief, f. 10336). On October 15, 2003,
evidence was ordered for which the C.T.I. of Aguachica and the receipt of statements was ordered (evidence file,
annex 7 to the answer, fs. 10534 to 10537).
149
Letter of Prosecutor 22 of June 2, 2003 (evidence file, annex 7 to the answering brief, file 1663, f. 10348).
150
Report of the C.T.I. forwarded to the 22nd Prosecutor's Office on July 25, 2003 (evidence file, annex 7 to
the answering brief, f. 10346).
151
He also commented on another possible hypothesis related to retaliation by a rancher who also supported the RP
paramilitaries, named JC, who, faced with his father's claim because he found out that he was involved in what
happened with Manuel Guillermo Omeara Miraval, he ordered an attempt on his life. He stated that both his father
and his brother-in-law refused to pay the paramilitaries inoculations (extortion), but after what happened to them,
his family had to do so and in the end they preferred to sell their 183-hectare farm to avoid further problems.
Statement of Miguel Ángel Álvarez Solano of August 6, 2003 (evidence file, annex 106 to the brief with pleadings,
motions and evidence, fs. 2763 to 2739).
145