morphological identification of the body was used as a reliable identification method was one of the most serious errors committed by the Institute of Forensic Medicine.” 188 153. The Superior Court of Bogota emphasized that the identification of the corpses was the stage: during which the greatest number of errors were verified, because, the identification process disregarded the preceding errors – in the inspection and official removal of the corpses, as well as whether they corresponded to the autopsies, and the relationship to them of belongings and other elements. 189 154. In addition, the Special Investigative Court (infra para. 156) indicated that: The fire lasted for several hours and was so intense that, owing to some indications (including windows melted down), the experts calculated the heat at between 800 and 1,100°C. The photographs of the remains show an advanced state of carbonization that the report on the nature and characteristics of the corpses appears to be based more on guesswork than on observation. 190 155. Once the autopsies had been completed, military criminal investigation judges ordered that the corpses be sent to a mass grave in the South Cemetery. 191 This decision was justified on the basis that “the M-19 sought to recover the bodies of their dead companions from the morgue.” 192 A total of 38 corpses were sent to the mass grave in the South Cemetery, some of which had been identified. 193 188 Report of the Truth Commission (evidence file, folio 219). Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23011). Expert witness Máximo Duque Piedrahíta indicated that there is “objective information indicating that there were many possibilities for error in the identification and in the return of the corpses in 1985.” Expert opinion of Máximo Duque Piedrahíta during the public hearing on the merits and written report of the same expert witness (evidence file, folios 36423, 36447, 36455 and 36456), and Written notes by Carlos Bacigalupo Salinas (evidence file, folio 36328, and 36329). According to the forensic pathologist of the Institute of Forensic Medicine at the time, “[i]n some cases, fragments of clothing, shoes, jewelry [and the] approximate age or sex helped with the identification, because in those cases where it was not possible to take fingerprints and when even the face or most of it was completely carbonized, these were the only elements that could help.” However, he indicated that the visual identification “went quite well, because it is a usual practice of the Institute and because, on that occasion, [he recalled] the large number of people who came forward to try and help with this identification.” Testimony provided by Dimas Denis Contreras Villa on February 5, 1988, before the 30th Itinerant Criminal Investigation Court (evidence file, folios 30889 and 30893). 189 Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23011). 190 Report of the Special Investigative Court (evidence file, folio 30523). 191 Cf. Note No. 11354 of the Office of the Special Attorney’s assigned to the National Police of November 3, 1987 (evidence file, folio 31604); Report of the Truth Commission (evidence file, folio 221); report of the Special Investigative Court (evidence file, folio 30534), and Note No. 0070/JUPEM-78 of the 78th Military Criminal Investigation Court, expansion of sworn attestation of the 78th Military Criminal Investigation Judge of January 16, 1986 (evidence file, folios 14815 and 14816). 192 Report of the Truth Commission (evidence file, folio 221). Cf. Report of the Special Investigative Court (evidence file, folio 30534); response of the 78th Military Criminal Investigation Judge to the charges brought in a Note of November 3, 1987 (evidence file, folio 31609), and Note No. 0070/JUPEM-78 of the 78th Military Criminal Investigation Court, expansion of sworn attestation of the 78th Military Criminal Investigation Judge of January 16, 1986 (evidence file, folio 14816). 193 Cf. Written report of Máximo Duque Piedrahíta (evidence file, folio 36426), and Written notes by Carlos Bacigalupo (evidence file, folios 36326 and 36327). The above is the opinion of most people. However, the Truth Commission underscored that “everything indicates that 38 [bodies] were sent to the mass grave, [but] it is only possible to verify the transfer of 36,” while the Superior Court of Bogota considered that the number of corpses buried in the mass grave is uncertain, owing to inconsistencies in the records of the transfer and the presumed failure to record the transfer of four corpses to the mass grave. In addition, the Truth Commission indicated that “[d]ocuments exist certifying the transfer to the mass grave of a total of 36 bodies, including some that were complete and other carbonized, some identified and other unidentified, on four different dates: November 9, 14, 20 and 23, 1985. However, when comparing this documentation with the overall list of autopsies, it can be seen that the information provided is contradictory and incomplete.” Report of the Truth Commission (evidence file, folio 216 and 221), and Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23022, 23023, 23028 to 23030 and 23032). 53

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos