51. In this regard, in view of the information provided by the parties, the Commission considers that at the time of the events there was a context of collaboration between members of the security forces and the activities of paramilitary groups in the area. 3. Facts relating to Noel Emiro Omeara Carrascal 52. The Commission notes that there is no dispute that on January 28, 1994, Mr. Noel Emiro Omeara Carrascal suffered gunshot wounds when four individuals entered the “San Roque” restaurant located near the building of the municipal town hall.66 Nor is it disputed that the individuals who entered the restaurant intended to execute Mr. José Emirson Sepúlveda Saravia, who was a member of the political group MAC and the injuries caused to Mr. Noel Emiro Omeara were the result of that operation. 53. The dispute between the parties centers on whether the events surrounding the attack that injured Mr. Omeara were the result of actions or omissions of State agents or not; and whether his death which occurred several months after the attack had a causal link to these injuries. In order to resolve these factual disputes, the Commission will determine the circumstances surrounding the operation, which injured Mr. Noel Emiro Omeara Carrascal. Subsequently, the Commission will determine whether, based on the available evidence, the subsequent death of Mr. Omeara Carrascal is related to the injuries he sustained on January 28, 1994. a. The Background relating to José Emirson Sepúlveda Saravia 54. Mr. José Emirson Sepúlveda Saravia was Private Secretary to the Town Hall and a member of the MAC. On October 7, 1993, he and other MAC leaders filed a complaint before the Procurator General’s Office regarding a series of attacks against them arguing that "there have been several comments that members of the political group were on a list of civic leaders who were to be executed."67 The complaint indicates that MAC members were designated as "belonging to a guerrilla organization, more specifically, the ELN".68 The signatories, including Mr. José Erminson Sepúlveda, demanded "an immediate investigation and further action to prevent and ensure [their] physical and moral integrity" and requested "an immediate 66 Cf. Sworn statement of Manuel Claro Santiago of February 22, 2008, case file No. 397 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 3, pp. 155 - 163. Annex No. 19 to the petitioners’ brief of November 10, 2010. Cf. Sworn statement of Ana Graciela Quintero Ortega of August 20, 2008, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 3, pp. 268 - 274. Annex No. 33 to the petitioners’ brief of November 10, 2010 and sworn statement of Rubén Darío Torres of July 21, 2010, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 4, pp. 212 - 215. Annex No. 36 to the petitioners’ brief of November 10, 2010. Sworn statement of Ana Graciela Quintero Ortega of January 28, 1994, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 26 and 27. Annex No. 61 to the petitioners’ brief of November 10, 2010. 67 Regarding the list see also sworn statement of Fabiola Pastrana widow of Galvis on March 30, 2003, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 2, pp. 122 and 123. Annex No. 13 to the petitioners’ brief of November 10, 2010. The deposition indicates: “more than three of four years after Carlos’ death Gloria –married to Rambo who belonged UNASE— approached me and told me told me that he had a list [...] she asked me the name of my husband and when I told her Carlos Gálviz she answered that Rambo had a list of the people they would murder and he was on it”. See sworn statement of Elibardo Galvis Barrera of October 7, 1993 before the Office of Special Investigations of the Procurator’s Office, case file No. 397 of the Human Rights Unit of the Prosecutor’s Office, Bucaramanga, folder No. 2, pp. 77 - 79. Annex No. 9 to the petitioners’ brief of November 10, 2010. This statement indicates that he is a Member of the Municipal Council of Aguachica and that he knew "of comments indicating that members of the political group were in a listed drawn by the UNASE and other authorities operating in the municipality of Aguachica.” See also sworn statement of Gonzalo Cárdenas Alfonso of October 7, 1993 before the Office of Special Investigations of the Procurator’s Office, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 2, pp. 81 and 82. Annex No. 15 to the petitioners’ brief of November 10, 2010. 68 Complaint filed before the Procurator’s Office on October 5, 1993, by members of MAC, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 241 - 245. Annex 8 to the petitioners’ brief of November 10, 2010. Sworn statement of Erminson Sepúlveda Saravia of 7 October, 1993 before the Office of Special Investigations of the National Procurator’s Office, case file No. 397 National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 2, pp. 82 - 84. Annex No. 29 to the petitioners’ brief of November 10, 2010. Sworn statement of Elibardo Galvis Barrera of October 7, 1993 before the Office of Special Investigations of the Procurator’s Office, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 2, pp. 77 - 79. Annex No. 9 to the petitioners’ brief of November 10, 2010. 14