26
90.
On September 22, 1994, the Administrative Department for Security headquartered in
Aguachica received an anonymous phone call detailing the location of the body of Manuel
Guillermo Omeara Miraval60.
91.
On September 23, 1994, personnel from the Nineteenth Delegate Prosecutor's Office, a
medical examiner from the Institute of Forensic Medicine, and DAS officials, went to the location
on the "La Granja" farm and found the lifeless body of Manuel Guillermo Omeara Miraval. The
body was found in a "dorsal decubitus" position, with the hands tied behind (his back) with thin
black nylon, also a black scarf was found next to the corpse that had the initials 'ACG ', the
Colombian flag and two crossed rifles. It was recorded that the body had been buried for more
than eight days. Later, his body was transferred to the pavilion of the Aguachica Municipal
Cemetery so that the relatives could identify him, and his wife Fabiola Álvarez Solano, his uncle
José Miguel Miraval, and his aunt Maria Omeara Carrascal attended. That same day, the autopsy
of the body of Mr. Omeara Miraval was carried out, in which it was indicated that the mechanism
of death was a "cerebral laceration" and that the cause of death was a "firearm projectile
wound."61 Additionally, according to his own statement, Manuel Guillermo Omeara's brother,
Jaime Antonio Omeara Miraval, attended the exhumation of the body.62
92.
Manuel Guillermo Omeara’s body was transferred to the Aguachica Central Cemetery
and was buried that same day. In this regard, Jaime Antonio Omeara Miraval stated that he
was able to verify that the body of Manuel Guillermo presented “signs of torture”, he was
without nails, “without teeth”, with traces of torture on the testicles and with acid.63 The above
findings were not reflected in the autopsy protocol.64
93.
On October 22, 1994, a lawyer reported to the Attorney General's Office, the
Ombudsman, and the DAS that on September 23, 1994, Manuel Guillermo Omeara was found
“dead and with signs of torture. His face was burned by acid, his toenails were pulled out, and
his genitalia was mutilated.”65 This was indicated by Mr. Omeara Miraval’s next of kin on several
occasions.66
D. Facts regarding Héctor Álvarez Sánchez
Report of the Santander Sectional Security Administrative Department- DAS Aguachica Operations Post of
September 22, 1994 (evidence file, annex 55 to brief with pleadings, motions and evidence, f. 2408).
61
Record of exhumation of the body of Manuel Guillermo Omeara Miraval of September 23, 1994, (evidence
file, annex 52 to the Merits Report, fs. 379 and 380); Additional Report to No. 066 of September 23, 1994 related to
the investigation into the kidnapping and disappearance of Manuel Guillermo Omeara Miraval of the Administrative
Department of Security. Santander Section. DAS Aguachica operational post (evidence file, annex 53 to the Merits
Report, fs. 383 to 384), and Autopsy Protocol of the National Institute of Legal Medicine and Forensic Sciences. Local
Unit of Aguachica of September 23, 1994 (evidence file, annex 54 to the Merits Report, fs. 386 and 389).
62
Record of exhumation of the body of Manuel Guillermo Omeara Miraval, supra, and statement of Jaime
Antonio Omeara Miraval of August 17, 2010, supra.
63
Witness statement of Jaime Antonio Omeara Miraval of August 17, 2010, supra.
64
Autopsy Protocol, supra.
65
Communications from Tatiana Rincón Covelli to the FGN, DAS and the Ombudsman, dated October 22, 1994.
(evidence file, annex 55 to the Merits Report, fs. 391 to 396).
66
Statement of Fabiola Álvarez Solano rendered by affidavit presented before the Court (evidence file, affidavits
and expert opinions, fs.12377.1 to 12377.5); Statement of Carmen Teresa Omeara Miraval rendered by affidavit
presented before the Court (evidence file, affidavits and expert opinions, pages 11993 to 12002); Statement of
Clemencia Patricia Álvarez Solano rendered by affidavit presented before the Court (evidence file, affidavits and expert
opinions, fs. 12003 to 12010); Statement of Noel Emiro Omeara Miraval rendered by affidavit submitted to the Court
(evidence file, affidavits and expert opinions, fs. 12043 to 12044); Statement of Ricaurte Omeara Miraval rendered by
affidavit presented before the Court (evidence file, affidavits and expert opinions, fs. 12045 to 12054), and Statement
of Araminta Omeara Miraval rendered by affidavit presented before the Court (evidence file, affidavits and expert
opinions, fs.11989 to 11992).
60