North Canton) and tortured.” It also took in account, when analyzing the contextual
situation relating to the disappearance of Carlos Augusto Rodríguez Vera and Irma Franco
Pineda, that “[o]ther individuals [such as José Vicente Rubiano Galvis], retained in different
actions that took place at the same time as the taking of the Palace or following this, were
taken to the Cavalry School.” 592
B.1.4) The warnings or threats so that the presumed victims would
not testify about what happened
389. The Court notes that three of the presumed victims who were allegedly detained and
tortured or ill-treated have stated that they were warned or threatened not to report what
had happened to them. In particular, the Court underlines that both Yolanda Santodomingo
Albericci and Eduardo Matson Ospino, regarding whom the State has acknowledged the acts
perpetrated against them, have testified that when they were released, the soldiers insisted
that “nothing had happened,” that they had been “retained” not “detained” (supra para.
140). Yolanda Santodomingo Albericci also indicated that, during a meeting in the office of
the Regional Attorney General, he had recommended to them that they “should not recount
everything [they] knew, because [their] life and that of [their] families was in danger.” 593
Subsequently, Ms. Santodomingo Albericci testified that she had received threats and, in
2007, she requested the Inter-American Commission to grant precautionary measures, and
the Commission asked the State to provide information in this regard. 594 In addition, the
person who was with Orlando Quijano, and who testified before the Truth Commission on
condition that his identity was not revealed, indicated that, before leaving the 13th Brigade,
“a soldier warned him that it was better ‘that he knew nothing and had seen nothing.’” 595
390. The Court also takes note that José Vicente Rubiano Galvis has testified on different
occasions that he did not denounce what had happened or file a claim against the State
previously because “they threatened [him], the Army personnel, that if [he] sued them for
torturing him, they would kill [him] and [his] family.” 596 In this regard, the Court notes
that, in addition to the information concerning the request for precautionary measures by
Yolanda Santodomingo Albericci, it only has the statements of the victims with regard to the
presumed threats or warnings. However, it takes note that the statements of three of the
four presumed victims of detention and torture are consistent in indicating that that they
were threatened or warned not to say what had happened.
592
Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23319 to 23320 and 23323).
593
Testimony provided by Yolanda Santodomingo before the Prosecution Service on August 1, 2006 (evidence file,
folio 1025).
594
Cf. Communication of the Inter-American Commission of May 8, 2007 (evidence file, folio 16249). The State also
advised in its final written arguments that, at the request of Yolanda Santodomingo Albericci following the public
hearing in this case, the State had “ordered preventive measures of protection for her and her family; in particular,
security patrols around her residence, and had given her the emergency telephone numbers of the National Police so
that she could communicate with them in case of emergency.” It also indicated that, in 2010, a risk assessment had
been made of Ms. Santodomingo Albericci and the result had been that she was in a situation of ordinary risk. Cf. Final
written arguments of the State (merits file, folio 4300).
595
Report of the Truth Commission (evidence file, folio 182).
596
Cf. Testimony of José Vicente Rubiano Galvis of May 15, 2007, before the Prosecution Service (evidence file, folio
1284). See also, Affidavit made by José Vicente Rubiano Galvis on November 5, 2013 (evidence file, folio 35621), and
Testimony of José Vicente Rubiano Galvis of June 2, 2009, before the 51st Criminal Court of the Bogota Circuit
(evidence file, folios 14657 and 14675). He also testified that a month after the events occurred, in the Primavera
district of Bogota, where his mother lived, he had been intercepted by military intelligence agents in a vehicle, who
told him not to denounce the facts because they would kill him. Cf. Testimony of José Vicente Rubiano Galvis of May
15, 2007, before the Prosecution Service (evidence file, folio 1286), and Testimony of José Vicente Rubiano Galvis of
June 2, 2009, before the 51st Criminal Court of the Bogota Circuit (evidence file, folio 14657).
135
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