45
85(j) The next of kin of the alleged victims informed the State authorities
responsible for investigating the disappearance of the alleged victims of the
characteristics of the vehicles in which the latter were traveling.42 The vehicles were
kept for use on the farms of leaders of the “paramilitary” group; however, owing to
the search by the next of kin and the investigations, they were subsequently
dismembered and thrown into the bottom of a lake on the “El Diamante” farm. The
“truck” was also thrown into this lake, but first it was set on fire. Also, they altered
the color of the motorcycle on which Juan Alberto Montero Fuentes and José Ferney
Fernández Díaz traveled and it was used by members of the “paramilitary” group.43
85(k) Owing to the disappearance of the 17 tradesmen and, subsequently, of Juan
Alberto Montero Fuentes and José Ferney Fernández Díaz, their next of kin resorted
to different State authorities to ask for help and report the disappearances.
However, the authorities did not conduct an immediate search for the 19 alleged
victims.44
1125 and 1218); and report of the Administrative Department of Security (DAS) of February 13, 1990
entitled “Información adicional sobre la masacre de 19 comerciantes en jurisdicción de Puerto Boyacá”
[Additional information on the massacre of 19 tradesmen in the jurisdiction of Puerto Boyacá] (file of
attachments to the application, tome I, attachment B4, folios 687 and 688).
42
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for crimes of
“extortive kidnapping, aggravated homicide […],” file No. 087-DH; and copy of the file before the Cúcuta
Regional Court in case No. 1728 against Alonso de Jesús Baquero Agudelo for the crimes of extortive
kidnapping and aggravated homicide to the detriment of “Alvaro Pacheco and 18 other tradesmen”,
“Prosecutors File Reg. 087-DH” (helpful evidence presented by the State on May 26, 2004, requested on
the instructions of the President of the Court - paragraph 68 of the application).
43
Cf. judgment delivered by the Criminal Chamber of the Superior Court of the San Gil district on
October 19, 2001; judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March
23, 2001 (evidence file presented by the State on April 18, 2002, requested on the instructions of the
President of the Court - paragraph 68 of the application - tome I, attachments 2 and 3, folios 1042, 1085,
1105 and 1111); and report of the Administrative Department of Security (DAS) of February 13, 1990
entitled “Información adicional sobre la masacre de 19 comerciantes en jurisdicción de Puerto Boyacá”
[Additional information on the massacre of 19 tradesmen in the jurisdiction of Puerto Boyacá] (file of
attachments to the application, tome I, attachment B4, folio 687).
44
Cf. testimony of Salomón Flórez Contreras given before the Court on April 21, 2004; testimony of
Sandra Belinda Montero Fuentes given before the Court on April 21, 2004; testimony of Wilmar Rodríguez
Quintero given before the Court on April 21, 2004; testimony of Alejandro Flórez Pérez given before the
Court on April 21, 2004; testimony of Luz Marina Pinzón Reyes given before the Court on April 21, 2004;
testimony of Jorge Corzo Viviescas given before the Court on April 21, 2004; sworn written statement
made by Carmen Rosa Barrera Sánchez before a public notary on June 12, 2003; sworn written statement
made by Lina Noralba Navarro Flórez before a public notary on June 12, 2003; sworn written statement
made by Luz Marina Pérez Quintero before a public notary on June 16, 2003; sworn written statement
made by Myriam Mantilla Sánchez before a public notary on June 13, 2003; sworn written statement
made by Manuel Ayala Mantilla before a public notary on June 13, 2003; sworn written statement made
by Ana Murillo Delgado de Chaparro before a public notary on June 13, 2003; sworn written statement
made by Suney Dinora Jáuregui Jaimes before a public notary on June 13, 2003; sworn written statement
made by Marina Lobo Pacheco before a public notary on June 12, 2003 (file on merits and possible
reparations and costs, tome I, folios 255 to 276 and 282 to 285); judgment delivered by the National
Court on April 14, 1998 (evidence file presented by the State on April 18, 2002, requested on the
instructions of the President of the Court - paragraph 68 of the application - tome II, attachment 5, folios
1263, 1276 and 1279); judgment delivered by the San Gil Specialized Judge on March 23, 2001 (evidence
file presented by the State on April 18, 2002, requested on the instructions of the President of the Court paragraph 68 of the application - tome I, attachment 3, folios 1103 and 1185); order issued by the
Prosecutor of the National Human Rights Unit on March 7, 1996 (helpful evidence presented by the State
on May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the
application - tome I, folio 2961); copy of the file before the Cúcuta Regional Court in case No. 1728
against Alonso de Jesús Baquero Agudelo for the crimes of extortive kidnapping and aggravated homicide
to the detriment of “Alvaro Pacheco and 18 other tradesmen”, “Reg. Prosecutor’s File 087 (U.N.D(h)”