62.
In 2011, Sectional Prosecutor 184 ordered a search for and potential retrieval of the body of
Óscar Tabares. The search was added on to other activities being carried out by the Peace and Justice
Unit, but it did not yield results. 95 In 2012, some statements were gathered from neighbors in the area
of San Juanito, Meta. 96 In 2013, RHS, another military member, was linked to the proceedings, and his
arrest was ordered. 97 He was granted provisional release on September 8, 2013. 98
63.
In December of 2013, the case was reassigned, 99 and the representatives indicated that there
were no other proceedings until 2015, when some military members were interviewed but not called to
make statements. In 2021, the Prosecutor's Office ordered an inspection of the scene of the events, and
it was carried out from March 2–5. 100 Currently, the civilian criminal trial is still at the investigation stage.
D. Repercussions of the search for María Elena Toro and her family
64.
María Elena Toro was away from home for long periods of time due to her search for information
on her son's whereabouts. Because of her absence, Óscar Iván's younger sisters were left in the care of
the oldest sister, María Bibiancy Tabares Toro. Moreover, Óscar Tabares Toro's relatives stated that they
lived in fear because they had received threats due to his mother's search for him. 101 They also suffered
stigmatization because of the accusation that Óscar Tabares had attacked his superiors and joined the
FARC. Because of these circumstances, María Elena Toro, her husband, and her children had to move
more than ten times 102 and also suffered financial consequences. 103 Finally, in the year 2022, serviceman
Tabares Toro’s mother, one of his sisters, and other relatives left Colombia in exile.
VII
MERITS
65.
This case concerns the forced disappearance of Óscar Iván Tabares Toro, the subsequent failure
to investigate the facts and clarify the circumstances of his disappearance, and the suffering, insecurity,
and powerlessness of his relatives in the face of the events.
66.
The Court recalls that the State recognized its international responsibility for the rights violations
alleged by the Inter-American Commission, as well as for most of the rights violations alleged by the
representatives. The Court will first address the violation of the rights to recognition of juridical
personhood, to life, to personal integrity, and to personal liberty, as a result of the forced disappearance
of Óscar Iván Tabares Toro. It will then address the violation of Mr. Tabares Toro's and his relatives’
rights to judicial guarantees and judicial protection, as well as the relatives’ right to the truth, through
state actions after the victim's forced disappearance. Lastly, it will address the violation of the relatives’
95
Cf. Report by the Judicial Police, Department of Meta, Municipality of Villavicencio, June 30, 2011 (evidence
file, folios 3103–3105), and Brief of the Inspector General of the Nation to Specialized Prosecutor 20, July 27, 2011
(evidence file, folios 3107 and 3108).
96
Cf. Statement record of MJRG and VGR before Specialized Prosecutor 20 of the National Human Rights and
International Humanitarian Law Unit, July 31, 2012, and August 1, 2012 (evidence file, folios 3175–3178 and 3180–
3182).
97
Cf. Linking brief issued by Specialized Prosecutor 20 of the National Human Rights and International
Humanitarian Law Unit, March 8, 2013 (evidence file, folios 3192–3200).
98
Cf. Decision of Specialized Prosecutor 20 of the National Human Rights and International Humanitarian Law
Unit, September 8, 2013 (evidence file, folios 3279–3281).
99
Cf. Brief of the National Unit of Human Rights and International Humanitarian Law Prosecutors. Specialized
Prosecutor 20, December 20, 2013 (evidence file, folio 3285).
100
Cf. Judicial Police Report No. 9-417935, March 16, 2021 (evidence file, folios 3305–3318).
101
María Elena Toro stated that “the threats have not stopped since the moment of the disappearance of [her]
son, but recently they have been even more frequent, to the point that our vehicle was shot at, and I don’t know how
I survived. I am currently in exile because of these threats, because of the Colombian army.” Cf. Statement of María
Elena Toro before the Court at public hearing, supra.
102
Statement of María Elena Toro at public hearing, supra; Affidavit of María Isabel Gallego Toro, November 2,
2022 (evidence file, folios 14137–14154); and Affidavit of María Bibiancy Tabares, November 3, 2022 (evidence file,
folios 14156–14161).
103
María Elena Toro stated that “with all the moving, our finances tanked. We had to sell possessions, cars,
everything we had.” Cf. Statement of María Elena Toro before the Court at public hearing, supra.
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