described a series of threats she had received, which had prompted her to move several times “out of
fear.” 70 In addition, the soldiers María Elena Toro had communicated with—who had mentioned the
grenade explosion and the accounts of the alleged escape of Óscar Tabares—each made one statement.71
The statements made by those soldiers during the proceedings before the National Inspector General
were provided for this preliminary investigation. 72 Finally, the lieutenant of the “Tigre” Company and the
corporal gave statements during these proceedings, in which they maintained their account of Óscar
Tabares's flight. 73
57.
The prosecutor of the Judicial Police Sectional Investigations Service, as well as María Elena Toro,
requested on different occasions that an inspection be carried out of the scene of the events, in San
Juanito, Meta. 74 The Office of the Prosecutor refused to do so several times, citing the following problems:
the lack of police authorization because of “[...] the issue of public order in the [c]ountry, especially in
the region of Sumapaz, insufficient resources for travel allowances,” 75 “[...] circumstances related to
public order,” 76 and the lack of authorization of the Fourth Division of the National Army, arguing that it
would be “[...] necessary to do a helicopter operation, [...] which the Army cannot pay for.” 77 Finally,
on September 25, 2001, the Office of the Prosecutor ordered the Police Inspector of San Juanito, Meta,
to go to the Toledo road to determine whether the skeletal remains of Óscar Tabares were there, and
notified the Office of the Mayor of San Juanito, Meta, so that it could collaborate. 78 The order directs the
search team to look: “[...] under a flat rock” and indicates that “[a]pparently the town crazy” may have
information about this. 79 The search was carried out on January 14, 2002, by the mayor, officials from
the mayor's office, and locals. They found “[...] pieces of camouflaged fabric” and “[...] indications that
holes had been dug,” but no remains. 80 Another attempt at an inspection by the Office of the Prosecutor
in 2002 was dismissed due to opposition from the police and the air force because in that area “the 51st
and 53rd fronts and the Ché Guevara mobile column of the FARC-EP are currently committing crimes,”
and they stated that a visit to the area should only be undertaken with an army presence. 81 The search
was finally carried out from January 24–28, 2005. Human remains were not found, and a simulated
grenade explosion was conducted with the same type of grenade. 82
record of Ramiro Henao Echeverry before the Prosecutor General of the Nation, February 7, 2000 (evidence file, folios
2574 and 2575).
70
Cf. Statement record of María Elena Toro before the Prosecutor General of the Nation on July 12, 2002, supra.
71
Cf. Statement record of CANS before the Prosecutor Attached to the National Human Rights Unit, on July 26,
1999 (evidence file, folios 2103–2105); and Statement record of GD before the Prosecutor Attached to the National
Human Rights Unit on July 26, 1999 (evidence file, folios 2107 and 2108). CANS passed away on March 24, 2002, and
the whereabouts of GD are unknown. Cf. Report No. 478700 of the Prosecutor General of the Nation, Second
Specialized Human Rights Office, August 11, 2009 (evidence file, folios 2571 and 2572).
72
Cf. Judicial Inspection Record of the National Human Rights Unit of the Prosecutor General of the Nation, July
12, 1999 (evidence file, folios 2568 and 2569).
73
Cf. Statement record of ERR before the National Human Rights Unit of the Prosecutor General of the Nation,
April 20, 2001 (evidence file, folios 2601–2604; Statement record of ERR before the Human Rights and International
Humanitarian Law Unit, April 24, 2002 (evidence file, folios 2620–2622); and Addition to statement record of IRRP
before the National Human Rights Unit on November 26, 2004 (evidence file, folios 2827–2836).
74
Cf. Record of the Specialized Prosecutor of the National Human Rights Unit of the Prosecutor General of the
Nation, February 10, 2000; Letter signed by María Elena Toro to the Specialized Prosecutor of the National Human
Rights Unit, September 25, 2000 (evidence file, folio 257); and Letter signed by María Elena Toro to the Specialized
Prosecutor of the National Human Rights Unit, July 31, 2001 (evidence file, folio 259).
75
Cf. Response to record [no number] of the Metropolitan Prosecutor's Office of Santafé de Bogotá, No. 356/
PMSB.SIJIN.ACRIM, March 31, 2000 (evidence file, folio 261).
76
Cf. Record No. 025 UNDH Office, October 31, 2000 (evidence file, folio 263).
77
Cf. Judicial Police Central Office. No. 0301/DIJIN.GRUHO.DRH of Bogotá, August 29, 2001 (evidence file,
folios 265–266).
78
Cf. Record of the Specialized Prosecutor of the National Human Rights Unit of the Prosecutor General of the
Nation, September 25, 2001 (evidence file, folio 268).
79
Cf. Record of the Specialized Prosecutor of the National Human Rights Unit of the Prosecutor General of the
Nation, September 25, 2001, supra.
80
Cf. Office of the Municipal Mayor. Record of inspection of the potential site of the skeletal remains of Óscar
Iván Tabares Toro, Proceeding No. 463 UNDH, January 15, 2002 (evidence file, folio 271).
81
Cf. Office of the Prosecutor. 1-1191, Villavicencio. Record No. 362. Proceeding No. 463, September 12, 2002,
(evidence file, folio 273).
82
The grenade explosion simulation was repeated on September 20, 2008, and IRRP and ERR participated in
that one. It was repeated again on August 21, 2009. Cf. Prosecutor General of the Nation. Order opening the
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