the company to another location and the body of Óscar Tabares remained in the village of Toledo. 30 This
version was repeated by another soldier on January 27, 2003, and July 2, 2003, 31 and this soldier added
that the day after the events, a group of soldiers went back to the place where they had been encamped,
but they didn’t find anything. However, he stated that he went to the village a couple of days later and
that a villager told him the body of Óscar Tabares was “on the lower side of the path” and that “[...]
yesterday they buried it on the pipeline side about 20 meters below the path.” 32
44.
In March of 1998, María Elena Toro, her husband Holmar Gallego, and her brother Iván Toro went
to San Juanito, Meta. On that visit, the locals told them that on the night of December 28, 1997, there
was an explosion, then some shots fired, and that by the morning the troops had left. They also said that
they had not seen anyone escape and had not seen any cadavers. From there, they also went to the
place where the “Tigre” Company had been encamped in order to inspect it. There they found a buried
canvas tent—of which Ms. Toro later gave a piece to the Prosecutor's Office 33—about two meters long,
stained with blood and perforated by splinters, and they also found the underclothes of Óscar Tabares
inside his quarters. While they were there, in response to a tip from a local, they went to a ravine where
they found a camouflaged military uniform that was bloody, damaged, and missing the name, but they
left it where they had found it. 34
45.
In her search for information on her son’s whereabouts, María Elena Toro communicated with the
Inspector General’s Office, the Ombudsman's Office, the Prosecutor's Office, the National and
International Red Cross, and the High Commissioner for Peace in Colombia. 35 Moreover, several domestic
proceedings were initiated. Nevertheless, the whereabouts of Óscar Iván Tabares Toro—or of his
remains—are still unknown today.
C. Domestic proceedings
C.1. Military criminal investigation of Óscar Iván Tabares Toro
46.
In response to a December 29, 1997, report by the lieutenant of the “Tigre” Company, the military
justice system initiated an investigation of Óscar Tabares for attempted homicide, which was to be
handled by Military Criminal Court of Instruction 47. 36 On June 25, 1998, Military Criminal Court of
Instruction 47 concluded that there had been a grenade explosion, a struggle between serviceman
Cf. Addition to statement by María Elena Toro, February 6, 1998, supra.
On January 27, 2003, and July 2, 2003, a former soldier came to the Prosecutor's Office to give his statement;
he had retired from the army on December 31, 1998. In his statement, he attested that: (a) several members of the
company had been removed from the army after the events and that the lieutenant of the “Tigre” Company treated
the soldiers badly; (b) after the grenade explosion, shots were heard, and “the lieutenant and corporal were shooting
at serviceman Tabares;” (c) the explosion was not inside the lieutenant's and corporal's quarters but rather outside
“as if to scare them,��� but they were not in their quarters when it happened because they had been warned beforehand.
He clarified that Tabares’s quarters were very close to those of the lieutenant and the corporal; (d) the shots were
fired at Tabares, and “he yelled right after the shots rang out;” (e) the day before the events, as the lieutenant already
knew what was going to happen, he “ordered his non-commissioned officers to kill Tabares and anyone who helped
him;” (f) after Óscar Tabares was shot, he ran away “as if he were drunk,” passed by his quarters, got tangled up and
fell, dropped a bloody grenade there, propped himself up and was smeared in blood, and then got up “and fled downhill
from there;” and (g) the lieutenant and the corporal gave the order to collect the equipment and papers of serviceman
Tabares. Cf. Statement record of HGC before the Prosecutor’s Office, Bogotá, on January 27, 2003 (evidence file,
folios 290–299), and Addition to statement record of HGC, Bogotá, on July 2, 2003 (folios 301–310).
32
Cf. Addition to statement record of HGC, Bogotá, on July 2, 2003, supra.
33
On October 31, 2011, a report confirmed that María Elena Toro had turned over a piece of green cloth to the
investigators at the Prosecutor's Office as part of the civilian criminal proceedings. That piece was sent to the Technical
Information Unit (CTI) of the Prosecutor’s Office to be analyzed, but the results were inconclusive. Cf. Report No.
638759 by a criminal investigator of the Prosecutor General of the Nation on October 31, 2011 (evidence file, folios
3136–3164); Statement and records of Specialized Prosecutor 20 of the National Human Rights and International
Humanitarian Law Unit, December 5, 2011, and March 20, 2012 (evidence file, folios 3166–3168); and Genetics Expert
Report No. 685393GE of June 20, 2012 (evidence file, folios 3170–3173).
34
Cf. Statement of María Elena Toro before the Court at public hearing, supra, and Statement of María Elena
Toro before the Regional Prosecutor's Office, November 17, 1998, supra.
35
Cf. Statement of María Elena Toro before the Court at public hearing, supra.
36
Cf. Decision of Military Criminal Court of Instruction 47 of June 25, 1998, supra.
30
31
11