psychological abuse” and were subjected “to intense interrogations” in the Casa del Florero,
and then at the DIPEC and at the Charry Solano Intelligence Battalion. They were released
“without ever having been informed of the reasons for their detention or allowed to
communicate with a lawyer or their families, and they were not brought before any judicial
authority.” The representatives indicated that Orlando Quijano was taken to the premises of
the 13th Brigade, where “he was held in isolation in a dark room without food, and
subjected to further interrogations,” and finally to the SIJIN, where he remained detained
until November 8, without a court order, without being informed of the reasons for his
detention, and without being brought immediately before a judge, while he was subjected
to interrogations due to his presumed connections with the M-19. Regarding José Vicente
Rubiano, they argued that he was arbitrarily detained on November 7, 1985, at a military
checkpoint when he was on a bus where some weapons were found. The representatives
affirmed that José Vicente was taken to the Usaquén military garrison, and then to the 13th
Brigade, and to the Usaquén stables. During his detention, he was interrogated due to his
presumed connection to the M-19; he was beaten and “they applied electric current to his
testicles, while they asked him to declare himself guilty of transporting weapons and being
a subversive.” The representatives indicated that, on the morning of November 8, he was
transferred to the No. 13 Military Police Battalion and from there to the Model Prison where
he remained for 22 days. According to the representatives, José Vicente was not advised of
the charges against him, and he was not brought before the ordinary courts or allowed to
communicate with his family. They underscored that, even though his detention was
justified by a presumed violation of Decree 1056 of 1984, on November 23, 1985, he was
exonerated of the charges. In this regard, the representatives argued that, “[in] all four
cases, the victims were detained arbitrarily by members of the Colombian armed forces
under the unfounded suspicion that they had collaborated in the taking of the Palace of
Justice.” The representatives also argued that they all underwent treatment that constituted
torture during their detention, and stressed that “they were interrogated numerous times,
[…] and the intention was to obtain a confession and information from the detainees.”
Consequently, they asked the Court to declare that Colombia had violated Articles 5 and 7,
in relation to Article 1(1) of the Convention, to the detriment of the four presumed victims.
372. The State acknowledged that Yolanda Santodomingo and Eduardo Matson had been
detained and subjected to torture after being evacuated from the Palace of Justice.
However, it argued that “to date” there is no evidence to conclude, irrefutably, the
existence of the violation of the rights to personal liberty and to physical integrity of
Orlando Quijano and José Vicente Rubiano indicated by the Commission and the
representatives. It asserted that it cannot be concluded that all those who alleged that they
had suffered abuse during the events were, in fact, victims of this, and that the acts
committed against Yolanda Santodomingo and Eduardo Matson were serious, but isolated.
According to the State, “there are circumstances that justify the restriction of personal
liberty even when there is no early intervention by the courts.” In this regard, it argued that
the provisional detention of Orlando Quijano for identification purposes was authorized
under the laws in force at the time. It explained that the facts of the case involved a serious
disturbance of public order and security, so that the authorities had to use the powers
available to them to verify the identity of the persons who were in and around the Palace,
and to eliminate their participation in the perpetration of the events. It indicated that Mr.
Quijano “only remained in the military facilities the time required to take his personal
details (no more than about three hours) and afterwards he was taken to the police
authorities to confirm his identity and whether he had a police record,” so that “the time he
spent in administrative detention was reasonable,” “especially when considering the
numerous measures that the authorities had to take at that time, responding to the
magnitude of the events of the Palace of Justice.” The State also indicated that “Mr. Quijano
and the others who were retained knew that they were under administrative detention in
order to verify their identity and to eliminate their participation in the events of the Palace
127
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