testimony of Sandra Beltrán, “when trying to recover all these videos from the media, they
c[ould] never be found.” 409 Similarly, Gloria Anzola de Lanao’s sister testified that the RCN
journalist “Juan Gossain said ‘Gloria Anzola came out [of the Palace]’; [she] then went to
the news program to ask for the recording, but this was not possible.” 410 In addition, Lucy
Amparo Oviedo Bonilla’s sister testified that some days after the events they were
summoned to a news agency and recognized Ms. Oviedo Bonilla in a video. 411 However,
there is no further information in the case file in this regard. The Superior Court of Bogota
did not take these identifications into account in either of its two decisions. However, this
Court underlines that the foregoing is consistent with the testimony given during the public
hearing on the merits by the prosecutor who was in charge of the case, who indicated that
“during the investigation by the 30th Court there were more than 75 videos that
disappeared and when [she] assumed the investigation, these videos did not exist.” 412
274. Furthermore, during the criminal investigation numerous identification procedures
were undertaken with the videos and photographs of people leaving the Palace of Justice. In
the proceedings against the Commander of the Cavalry School, the Superior Court of
Bogota repeatedly indicated that, in the course of these identification procedures, “the
court’s intention was not to verify whether the person in the image could be recognized by
his or her physical or morphological characteristics,” and that the videos and photographs
should have “been subject to facial identification by experts.” 413 In contrast, the judges of
the Superior Court who heard the proceedings against the Commander of the 13th Brigade
used their knowledge of morphology and psychology (relating to visual perception) directly,
as well as parameters concerning the functioning of memory in the analysis of the videos
and identification of the persons disappeared. 414 In this regard, the Court agrees that it is
important that the identifications be verified by the corresponding experts when possible.
However, it notes that this lack of verification can be attributed to the State and therefore
cannot be used to disprove the identifications made by the next of kin completely. 415 The
Court also takes into account the corroborations made by the Superior Court, using the said
criteria, in the proceedings against the Commander of the 13th Brigade.
275. The Court also notes that several of the identifications were based on a video entitled
“DVD No. 2 of Caracol Television.” In the proceedings against the Commander of the
November 20, 1986, before the Inspectorate of the Office of the Special Attorney’s assigned to the Military Forces
(evidence file, folios 29375); Testimony of Eduardo Ignacio Meléndez y Miranda of December 28, 1985, before the
Ninth Itinerant Criminal Investigation Court (evidence file, folio 29302), and Testimony of Eduardo Ignacio Meléndez y
Miranda of November 24, 1986, before the Inspectorate of the Office of the Special Attorney’s assigned to the Military
Forces (evidence file, folio 31044).
409
Affidavit made by Sandra Beltrán Hernández (evidence file, folio 35510)
410
Cf. Affidavit made on November 2, 2013, by Consuelo Anzola (evidence file, folio 35763).
411
Cf. Testimony of Amrida Eufemia Oviedo Bonilla of July 24, 2008, before the Prosecution Service (evidence file,
folios 29571 and 29572).
412
Cf. Testimony of Ángela María Buitrago during the public hearing on the merits in this case.
413
However, the same decision indicated that a 2007 report of the Judicial Police had indicated that “it was not
[possible to prepare] a morphological comparison with the material provided, because the material was very blurred
and did not permit observing the specific traits as was required to make a detailed comparison.” Cf. Judgment of the
Superior Court of Bogota of January 30, 2012 (evidence file, folios 23112, 23191 and 23286 and 24341).
414
Judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folios 23281 to 28282).
415
In addition, according to the prosecutor in charge of the investigation, she tried to obtain “a morphological
appraisal through a CTI official,” but that expert concluded that it was “impossible to make a morphological
identification, [because the position] of the persons leaving the Palace of Justice prevent[ed] an identification of the
basic morphological elements characteristic of an identification of this nature.” Therefore, she “resorted to
identification by the next of kin.” Cf. Testimony of Ángela María Buitrago during the public hearing on the merits in this
case.
95
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