14. According to the allegations made, on October 21, 1994, while Mr.
Héctor Alvarez Sánchez, the father-in-law of Guillermo Omeara Miraval,
was at home, he was fired upon by men on a motorcycle. They assert
that the bullet wounds he sustained left him semi-paralyzed and
virtually unable to speak.
The petition states that the family of
Guillermo Omeara Miraval was forced to leave the Municipality of
Aguachica because of multiple threats and acts of harassment.
15. Based on these allegations, the petitioners are asking the
Commission to declare the State responsible for violation of the rights to
life, the right to humane treatment, the right to personal liberty, and the
right to judicial protection, and violation of its generic obligation to
respect the rights protected under the American Convention and ensure
their free and full exercise.
16. As for the investigation of the facts by the judicial authorities, the
petitioners point out that the Aguachica Regional Prosecutor opened the
inquiry into the death of Mr. Noel Emiro Omeara Carrascal on July 28,
1994. On November 8, 1994, the investigation was handed over to the
Office of the Regional Prosecutor of Valledupar. They then learned, via
the note that the State submitted to the IACHR on January 5, 1998, that
the Office of the Attorney General of the Nation did not have Mr. Noel
Emiro Omeara Carrascal listed as a homicide victim. Therefore, it was
not until 1998 that the Barranquilla Regional Bureau of Prosecutor’s
Offices ordered the preliminary investigation.
17. In the case of the death of Guillermo Omeara Miraval, the
petitioners cited the information that the State supplied to the
Commission during the processing of this petition, and expressed their
disagreement given the scanty and confusing information supplied by
the State on his death.
18. As for the assault and the injuries sustained by Mr. Héctor
Alvarez Sánchez, the petitioners point out that the investigation is being
conducted by the Medellín Regional Prosecutor’s Office, but they have no
idea where that investigation is headed since the Colombian State has
not given them any information. The petitioners also informed the
Commission that the V Brigade of the National Army had allegedly
instituted a criminal inquiry against the members of the UNASE.
However, they said that they did not know what the outcome of that
investigation was.
19. As to the question of the admissibility requirements provided for in
the American Convention, the petitioners argue that given the
unwarranted delay in the investigation, the present case must qualify for