-31Mr. Álvarez said that, as far as he knows, the prosecutor’s office never summoned
the alleged victims’ next of kin to make statements from the time the events
occurred until after the exhumation conducted in 2004.
The witness stated that, as a result of his investigations to find the persons who
were allegedly disappeared, he has “been harassed” and has received “personal
threats owing to the measures [he] took to try and find [his] father.” In addition, he
“had to move to Bogotá and, while on the ASFADDES Board, a secretary received a
telephone call saying that “they had found [him] and would kill [him].”
Mr. Álvarez stated that the facts “have had an impact on [his] personal life,
[because,] when an exhumation begins, [he] believe[s] they will find [the remains of
the alleged victims, but] when it ends unsuccessfully, [his] hopes of being able to
find them and know that, at least, the remains will be returned, evaporate.”
Finally, the witness indicated that, following the events of 1990, “neither [he] nor
[his] six siblings could return to school, [because] there was no one to bring home
the food they needed, [so they] all had to take care of themselves.” His “12-year old
brother used to get drunk.” All the siblings went to live in different places and “have
never again been able to live together.”
Witness proposed by the State
g) Elba Beatriz Silva Vargas, attorney from the National Human Rights
Unit of the Office of the Prosecutor General of Colombia
The witness stated that 10 people had been convicted of the facts that occurred in
Pueblo Bello; in particular, Fidel Castaño Gil, one of the main promoters, organizers
and financers of the paramilitary groups. She also indicated that the statements of
the next of kin had been included in the proceedings and that almost 23 people had
been investigated, of whom nearly 20 had been accused and 10 found guilty; of the
latter, two were serving their sentences. In this regard, the witness stated that “they
had been unsuccessful in capturing the individuals involved in the facts.”
Regarding the participation of military personnel in the events, Ms. Silva Vargas
stated that “the Attorney General’s Office [began] a disciplinary investigation, a
series of procedures, of tests […] to establish the possible responsibility of the Army
and that two people had been investigated during [this] procedure.”
The witness referred to the exhumations carried out in the cemetery of San Antonio
de Montería and to the collection of evidence from the bodies, with “negative
results.” She also stated that the time of year and climate conditions had been taken
into account when carrying out these exhumations, but they had been suspended
“because there was a change of climate in the country at that time.” She also said
that at one time the Prosecutor General’s Office had to interrupt its work owing to
“the notorious situation of public order; [namely, the] permanent presence of illegal
guerrilla and paramilitary groups, supported by organized crime, drug-trafficking.”
However, she said that “different actions [had been carried out], people had been
interviewed; they had looked for the disappeared throughout the country[, …]; there
had been communication with the representatives of the victims[, who] had been
informed of the search [and] invited to take part in the procedures.”
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