November 6 and 7, 1985; (C) the presumed victims in this case; (D) the processing of the crime scene; (E) the autopsies and the identification of the bodies, and (F) the investigation of the events. However, before analyzing the facts of the case, the Court finds it pertinent to include some considerations on the probative value of the Report of the Truth Commission, which was contested by the State as a source of evidence of the facts of this case. 84. The State acknowledged “the important effort made by the Truth Commission, but [noted] that it is not an official or a judicial body for the establishment of the [truth].” In this regard, it indicated that the commission was created by the Supreme Court of Justice, “an institutional victim” of the events, and “its composition did not represent the different sectors and components of the Colombian nation or, at least, those involved in the events of November [6 and 7,] 1985.” In addition, the State asserted that, pursuant to its internal rules, the Supreme Court of Justice “did not and does not have competence […] to create […] a truth commission with the nature of a public entity or organization.” The State noted that, “since it was unofficial, the commission did not receive logistic, material or human support from any State body.” Consequently, it argued that “the Final Report of the Truth Commission […] is an important source, but not the truth, especially if it also suffers from substantive problems.” Neither the Commission nor the representatives presented specific arguments on the legitimacy of the Report of the Truth Commission; however, they both used this report to found their arguments. 85. In this regard, the Court notes that the Truth Commission was created by a decision of the Supreme Court of Justice, in a regular session on August 18, 2005, so that the report of this commission would “represent an obligatory reference point for those who wished to know what really happened [during the taking and retaking of the Palace of Justice],” bearing in mind that, “for the Supreme Court of Justice, as an institutional victim, and for the next of kin of those who died, their right to the truth has not been satisfied.” Three former presidents of the Supreme Court of Justice, Jorge Aníbal Gómez Gallego, Nilson Pinilla Pinilla and José Roberto Herrera, were appointed members of the commission. In addition, it was explained that “[i]n the preparation of the report, the Supreme Court of Justice did not, and could not, allude to the exercise of any jurisdictional function, because this was not so; [nor does it involve the] exercise of punitive powers.” 92 The Truth Commission issued its final report in 2010. 86. According to the Report of the Truth Commission, when preparing it: [T]he Commission designed and implemented an investigative strategy that consisted in consulting official and private sources, an activity that allowed it to collect and systematize the information contained in the disciplinary, contentious-administrative, and criminal proceedings; the news, stories, and articles published in the different social media; the archives of some Ministries, the National Institute of Forensic Medicine and Science, the Attorney General’s office, the Office of the President of the Republic, the Chamber of Representatives, as well as abundant bibliography, academic research and articles on the events, from the most diverse sources.” 93 87. Also, on the 25th anniversary of the taking of the Palace of Justice, the President of Colombia, Juan Manuel Santos, stated that: The Report of the [Truth] Commission […], presents […] a complete diagnosis and a report on the background, the events themselves, and what happened after the violent taking of the Palace of Justice by the M-19 commandos. This document must be considered seriously and it is essential that all the proceedings undertaken to clarify the events are duly concluded. 94 92 Cf. Minutes No. 23 of the regular session of the Plenary Chamber held on August 18, 2005 (evidence file, folios 37770 and 37771). 93 Cf. Report of the Truth Commission (evidence file, folio 28). 94 Presidency of the Republic of Colombia, President Santos rindió sentido homenaje a las víctimas de la toma del Palacio de la Justicia. Available at http://wsp.presidencia.gov.co/Prensa/2010/Noviembre/Paginas/ 20101104_03.aspx 33