46
146. On November 28, 2000, the attorney for the victims’ families informed the Office of the
Attorney General that the village residents provided the license plate numbers of the SUVs used in the
disappearances.250 In December 2000, communications were sent to the UNDH requesting that certain
evidence be gathered, such as the material recovered at the residence of Mr. Gallego.251
147. On February 13 and 20, 2001, the initial statement on the facts in the proceedings of
Major Carlos Alberto was taken in response to the charges. Unlike on the occasion cited above, on this
opportunity he claimed that he was the commanding officer of the FTA until June 27, 1996. He testified
that he had assigned troops to the village of La Esperanza, that he is unaware of the facts stated in the
complaints, that there was no evidence that the residents were linked to the guerrilla forces and that it
is not possible to control every meter or centimeter of the area.”252
148. On February 26, 2001, the judicial investigators were kept from performing an on-site
inspection visit as part of their investigation, which was scheduled at the 14th Brigade. It was put on
record that the human rights offices of said premises were closed and it was noted that “such an
attitude may be intended to hamper the job of the prosecutor’s office, to keep the military members
involved in human rights violations from being investigated.” The investigators also put on the record
that the many requests for information have not been heeded and that the files that exist are stored
away “in cardboard boxes with out any systematic order to them, in torn (…) or half destroyed
folders.”253 On July 26, 2001, the UNDH noted that the verification of whether or not Carlos Guzmán
was the commanding officer of the FTA at the time of the sequence of events has been “fruitless,
because of the absence of files from that time period and the almost no cooperation by the National
Army, which on some occasions has impeded performing the on-site judicial inspections aimed at
establishing this time reference.”254
149. On April 30, 2003, the UNDH issued a decision ordering the preventive detention of
Ramón Isaza, denying the motion for preclusion of the investigation with respect to Major Carlos
Guzmán and ordering that this person not be taken into preventive custody.255 In the case of both
individuals, they were prosecuted for the crimes abduction and homicide instead of forced
250
Annex 61. Statement of Liliana Uribe Tirado to the Office of the Attorney General of the Nation, dated November
28, 2000. Annex to petitioners’ communication of September 1, 2004.
251
Annex 60. Official letters from Liliana Uribe Tirado to Ivonnes Rodríguez of the National Human Rights Unit of the
Office of the Attorney General of the Nation, dated December 7, 2000. Case File No. 233 UNDH. Book No. 7. Pages 62-69.
Compact disk attached to petitioners’ communication of June 24, 2010.
252
Annex 15. Initial statement on the facts in response to the charges, given by Carlos Alberto Guzmán Lombana, File
233 UDH, dated February 13, 2001. Annex to petitioners’ submission received in the IACHR on February 1, 2007; Annex 11.
Continuation of initial statement on the facts of Carlos Guzmán Lombana, to the National Human Rights Unit, dated February
20, 2001. Case File No. 233 UNDH. Book No. 8. Compact disk attached to petitioners’ communication of June 24, 2010.
253
th
Annex 11. Judicial inspection visit of the headquarters of the 14 Brigade, requested by National Human Rights
Unit, dated February 26, 2001. Case File No. 233 UNDH. Book No. 8. Compact disk attached to petitioners’ communication of
June 24, 2010.
254
Annex 13. Official Letter No. 96 from the National Human Rights Unit of the Office of the Attorney General of the
Nation, signed by Unit Chief Pedro Díaz, dated July 26, 2001. Case File No. 233 UNDH. Book No. 9. Page 64. Compact disk
attached to petitioners’ communication of June 24, 2010.
255
Annex 13. Judicial decision of the National Human Rights and International Humanitarian Law Unit of the Office of
the Attorney General of the Nation, signed by Special Prosecutor Lilia Hernández Ramírez, dated April 30, 2003. Case file No.
233 UNDH. Book No. 9. Folios 251-302. Compact disk attached to petitioners’ communication of June 24, 2010.