Quintero stated that she was also intimidated by some men who went to the "San Roque" restaurant to ask if
she knew them. 93
63.
The Commission notes that with respect to statements and reports considered in this
section, the State indicated that "the available evidence discovered by the National Prosecutor General's
Office points to paramilitary groups as responsible" from which it concluded that this was “an act fully
perpetrated by non-State agents”.94
c.
Mr.Noel Emiro Omeara Carbajal’s Death
64.
Mr. Noel Emiro Omeara Carrascal died on July 26, 1994, six months after being shot.95
Although he underwent several operations, he did not show signs of improvement and was left with a
physical disability that prevented him from walking. In this regard, his daughter Araminta Omeara Miraval
testified before the judicial authorities:
they stated that he would be left an invalid, and that for him it was terrible, there [at the
hospital] he remained for a month, we brought him here and then he became ill and was
brought back to Bucaramanga, when we brought him back again he became ill because he
could not accept being an invalid, he did not want to return to the farm, once we took him to
the farm and we went back quickly, and then he died in July 1994. Lately he did not even visit
the doctor, because for such an active person like him, being an invalid was terrible. We do
not know what he died of, but the doctor of Bucaramanga, the psychologist, told us that he
did not last more than six months because it was very bad for him; while at the clinic he was
delirious, speaking as if on the farm giving orders; it is not known how he died, but everyone
says that it was due to the immense grief; he changed since the accident, he was very happy
but after that accident he changed, that was very hard for all who knew him.96
65.
For his part, Jaime Antonio Omeara Miraval stated that "[...] my father was wounded and
after that became disabled and could no longer walk and the family began to suffer a lot and the household
expenses increased to care for him [ ...].”97
66.
With regard to the injuries sustained on January 28, 1994 and Mr. Noel Emiro Omeara’s
death, the State reported that
According to the Amplification of Opinion No. 017-2004, from the Institute of Legal Medicine
and Forensic Sciences, we can infer a causal link between the injury suffered by Noel Emiro
Omeara, and his death, since patients with spinal cord trauma present with multiple late
complications. 98
67.
The Commission has no additional elements of technical evidence. However, given that the
State provided such information and that it was not disputed by the petitioners, the Commission considers it
93 Ana Graciela Quintero Ortega, restaurant administrator. 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.
94
95
petitioners.
State’s brief of July 13, 2012, received on July 16, 2012.
Amplification of Opinion No. 017-2004, Information presented by the State in its brief of July 13, 2012 not contested by the
96 Sworn statement of Araminta Omeara Miraval of August 25, 1998, case file No. 397 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 174 and 175. Annex No. 38 to the petitioners’ brief of November 10, 2010.
97 Sworn statement of Jaime Antonio Omeara Miraval of August 25, 1998, case file No. 397 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 172 and 173 Annex No. 41 to the petitioners’ brief of November 10, 2010.
98
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
18