Background pertaining to the victims:
a)
during the January 23, 1991 operation carried out by members of the Special
Armed Corps of the National Police and the National Army of Colombia, the following
persons were extra-judicially executed while under their custody: Artemio Pantoja
Ordóñez, Hernán Javier Cuarán Muchavisoy, Julio Milciades Cerón Gómez, Wilian
Hamilton Cerón Rojas, and Edebraes Norverto Cerón Rojas. Said persons did not
belong to any armed subversive group;20
b)
that same day a sixth person was detained and extra-judicially executed by
members of the police and/or the army, who would later be called N.N./Moisés o
N.N./Moisés Ojeda (hereinafter “N.N./Moisés”);21
c)
during that same operation, Hernán Lizcano
circumstances that have not been established;22 and
Jacanamijoy
died
in
d)
the members of the police and/or of the army involved in the facts carried out
a series of actions to alter the circumstances under which they took place and to
obstruct or not cooperate with the investigations opened to clarify the case, such as:
changing the clothing of some of the bodies of the deceased persons for uniforms
used by the police or the military, burning their clothing or other objects,
transferring the seven corpses from the place where the facts took place to the
hospital morgue in Mocoa without adequate evidence gathering at the place of the
events, and issuing a press release by the Commander of the Police Department in
Putumayo.23
20
Cf. Las Palmeras Case. December 6, 2001 Judgment. Series C No. 90, paras. 32 and 34 and
operative paragraph one; official letter No. 0076/BR3-CEP-CDO dated February 20, 1993 from the Specific
Commander of the National Army of the Military Forces of Colombia in Putumayo to the Police Commander
in Putumayo; report No. 013/ Dragon Company dated January 23, 1991 from the Commander of the
Fourth Company C.E.A. to the Commander of the Police Department in Putumayo; official letter No.
019/Dragon Company dated January 25, 1991 from the Commander of the Fourth Company CEA to the
75th Military Criminal Magistrates’ Court; May 30, 2000 Order of the Special Prosecutor of the National
Human Rights Unit in proceedings No. 348 U.D.H. regarding assessment of the merits of the preliminary
proceedings; April 15, 1993 Judgment of the Administrative Court of Nariño in the joinder of proceedings
No. 4620 and No. 4622; February 23, 1995 Judgment of the Administrative Court of Nariño in proceedings
joinder No. 4534; January 15, 1996 Judgment of the Third Section of the Administrative Court of the State
Council of Colombia; December 14, 1993 Judgment of the Third Section of the Administrative Court of the
State Council of Colombia; and November 24, 1997 Order of the 51st Military Criminal Magistrates’ Court
of the Office of the Inspector General of the National Police, in preliminary proceedings No. 1114.
21
Cf. Las Palmeras Case, supra note 20, para. 35 and operative paragraph two.
22
Cf. Las Palmeras Case, supra note 20, paras. 36 to 47 and operative paragraph three. Note: in
the Judgment on the merits, the second surname of the victim was written “Jacanamejoy”. However,
according to the documentation supplied during the reparations stage, it has been established that said
surname is written “Jacanamijoy”, and this spelling will be used both for that person and for his next of
kin.
23
Cf. Las Palmeras Case, supra note 20, para. 57; November 24, 1997 Order the 51st Military
Criminal Magistrates’ Court of the Office of the Inspector General of the National Police in preliminary
proceedings No. 1114; May 30, 2000 Order of the Special Prosecutor of the National Human Rights Unit of
the Office of the Solicitor General in preliminary proceedings No. 348 U.D.H. regarding assessment of the
merits of the preliminary proceedings; April 15, 1993 Judgment by the Administrative Court in Nariño in
the joinder of proceedings No. 4620 and No. 4622; February 23, 1995 Judgment of the Administrative
Court in Nariño in proceedings joinder No. 4534; January 15, 1996 Judgment of the Third Section of the
Administrative Court of the State Council of Colombia; December 14, 1993 Judgment of the Third Section
of the Administrative Court of the State Council of Colombia; certificate of judicial inspection at the scene
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