when they attacked Mr. Héctor Álvarez [...] we had to leave the house at dawn because I don’t know who told my mom, but someone came and told them that GUILLERMO’s three children and myself, we had to leave Aguachica right away and we had to come to Bucaramanga, I don’t know who it was, but my mom packed a suitcase for me and I had to leave that night for Bucaramanga with my brother’s children, I never knew where the threat came from, but I had to run from there and I stayed here [in Bucaramanga] for a period of 6 months or so. 133 87. In 1995, the Ombudsman of Colombia said in its report to Congress that Manuel Guillermo Omeara Miraval was "delivered at night and in the fog [and that he] received complaints from family members [...] due to threats and attacks on their lives. These people had actively participated in the search for the missing person. The military Mayor of Aguachica was asked to provide them with the necessary protection. "134 On August 9, 1995, the Regional Prosecutor in charge of the criminal investigation opened into the kidnapping of Manuel Guillermo Omeara Miraval ordered that "appropriate measures be taken as soon as possible in order to provide effective protection of the physical integrity of members of the OMEARA and ÁLVAREZ families living in Aguachica (Cesar)"135. The Commission has no information on whether these measures were adopted. 7. Judicial Proceedings to Clarify the Events 88. The Commission does not have the entire record of the investigations. Thus, the findings of fact are based on the account of the proceedings that were reported by the parties, and other evidence produced and not contested. a. Criminal Investigation No. 397 relating to Noel Emiro Omeara Carrascal 89. On January 31, 1994, the 25th Prosecutor of the Local Unit in Aguachica ordered the opening of the investigation into Erminson Sepúlveda’s murder.136 In October 1998, the investigation was reassigned to the National Human Rights Unit of the Prosecutor’s Office in Bogota, which assumed the investigation on November 13, 1998. 137 90. On August 31, 1998, the Regional Director of Public Prosecutions in Barranquilla ordered a registration in the system. The name of the victim NOEL EMIRO OMEARA CARRASCAL, since only the name of JOSÉ ERMINSON SEPÚLVEDA SARAVIA appears and investigation is followed by the death of both individuals[...].138 133 Sworn statement of Carmen Teresa Omeara Miraval of August 17, 2010, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 11, . Annex No. 40 to the petitioners’ brief of November 10, 2010. 134 Ombudsman, Ombudsman’s Second Annual Report to the Colombian Congress – 1995, Bogota, 1995, Series of Documents No. 8, pp. 76 and 77. Available at: http://www.metabase.net/docs/iidh/05019.html 135 Order to open proceedings of August 9, 1995, of the Regional Prosecutor, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 122 - 124 Annex No. 52 to the petitioners’ brief of November 10, 2010. 136 On April 4, 1994, the investigation was undertaken by the 20th Prosecutor Branch of Aguachica. On May 25, 1994, the proceedings were sent to the Permanent Unit of Valledupar, which decided to send them back to Aguachica, in particular to Prosecutor No.25. On November 3, 1994, the investigation was sent by the Prosecutor No.25 to the Regional Prosecutor of the city of Valledupar, who took over the investigation on November 26, 1994. On March 10, 1997 the proceedings were received at the Regional Directorate of Prosecutions in Barranquilla, which took over the investigation on September 17, 1997. On November 26, 1997, an order to take evidence was issued. Information presented by the State in its brief of July 13, 2012 not contested by the Petitioners. 137 Information presented by the State in its brief of July 13, 2012 not contested by the petitioners Request of Internal Order of August 31, 1998, of the Regional Director of Prosecutions of Barranquilla, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 134 and 135. Annex No. 59 to the petitioners’ brief of November 10, 2010 138 24