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civilian attire claimed to be from the Attorney General’s Office, they did not show any identification.
After the men searched the property without finding anything that would constitute a crime, they
attacked Mr. Oscar Hoyos and threatened him. They then forced him to dig a hole in the floor of the
house, claiming that weapons were buried them. When they did not find anything, they left.
51.
The petitioners state that later, on March 6, 2003, a group of armed civilians returned
and dug holes in the back of the house. On March 11, 2003, a group of men identified by the armbands
of the National Police’s Special Counter-terrorism Command surrounded the house and started digging
holes, claiming to be looking for weapons. The petitioners state that when this happened Mr. Hoyos
and his children decided to abandon the property and rent it. By agreement with the tenants, they left
their belongings in a closed room in order to protect them.
52.
The petitioners report that thereafter, on June 26, 2003, a group of armed men arrived
at the house and threatened the tenant that they would force down the door if she refused to let them
in. It is alleged that once inside the house, the men asked for Ms. Ospina and her family and proceeded
to take the furniture. The following day they returned to complete the looting. The armed men
threatened the tenant, telling her that if she filed a complaint with the Attorney’s Office, they “would
cut off” her head. They told her that the house needed to be vacated and gave her a message for Ms.
Ospina and her husband that they needed to speak with them. The petitioners allege that anyone who
agreed to “speak” with the paramilitary commanders was never seen alive again. They contend that as
a result of this, the tenant vacated the house and on July 8, 2003 the paramilitary took over the
property. The petitioners state that the property was virtually dismantled: the windows, doors, toilets,
kitchen and bricks were hauled away.
53.
The petitioners allege that in August 2003 Luz Dary Ospina and her family moved to
Bogotá. In October 2003, they applied to the Solidarity Network to be listed in the Single Register of
Displaced Persons. Their application was denied on December 2, 2003. This decision was subsequently
reversed by a February 13, 2004 order to enter their names in the Displaced Persons Register.
54.
The Hoyos Ospina family lived in Bogotá for one year, where they endured the difficult
economic and security situation. However, thanks to the generosity of a program to protect community
leaders, run by the Social Ministry of Bogotá, Mrs. Ospina and her family left the country bound for
Montevideo, Uruguay, where they lived in 2004. Luz Dary Ospina left the country with her husband and
their two children who were minors; their eldest daughter stayed in Medellín, as the humanitarian aid
they received was only sufficient to cover the expenses of the two younger children. The petitioners
assert that this undoubtedly took a toll on the family unit. In 2005, the family returned to Colombia,
and, beset by an emotional and economic instability they have still not been able to overcome, are living
in Medellín in a neighborhood outside Comuna 13.
55.
The petitioners indicate that Ms. Ospina filed a complaint with the Office of the Public
Prosecutor of the Department of Antioquia, with the Ombudsperson’s Office and with the National
Government. They point out that the Office of the Public Prosecutor of the Department of Antioquia
started an investigation into the matter and referred the complaint to the Office of the ProsecutorDelegate for Human Rights in Bogotá. They claim to have no knowledge of any public official being
sanctioned as a result of that investigation. The petitioners contend that Ms. Ospina and her family
were afraid to go directly to the Medellin Sectional Attorney’s Office to report what happened and the
Departmental Prosecutor’s Office failed to bring the facts to the attention of the Medellin Sectional