had a son born after his death with Mrs. Celina Granados Galván, named Anderson Giraldo Villamizar
Granados.73
65.
The statements available state that on August 11, 1996 the following took place moments
prior to the murder of Mr. Villamizar:
-
Mr. Bautista Bustos stated that Mr. Gustavo Giraldo Villamizar Durán presented himself in
Port Contreras in Colombia around midday to “collect money [...] owed to him for gasoline."
He explained that he “worked in Venezuela […], arrived in Puerto Contreras and left his
Venezuelan identification document.” Mr. Bustos stated that he paid “five hundred thousand
pesos” and Mr. Villamizar got onboard of a blue-colored motorcycle.” 74
-
Mrs. María Olfa Rodríguez stated she met Mr. Villamizar when he was on his motorcycle
heading back from Puerto Contreras to Saravena. She stated that Mr. Villamizar “picked her
up at the apex of el pescado bridge” and “when they had travelled for 5 minutes […], the
motorcycle got a flat tire” and they agreed she would wait there. She stated that she had to
arrive “as soon as possible to Saravena” and took a vehicle that picked her up.75
-
Mr. Edgar Ortega Hernández stated he was headed in a bus along with twelve persons at
12:15pm, in the place called Alto Pescado, when he encountered “Gustavo, with a motorcycle
with a flat tire.” He stated that Mr. Gustavo Giraldo Villamizar asked him “if he had anything
to pump air into the tire, but [he] said no, so he proceeded.” 76
66.
On the day of Mr. Villamizar’s death, the Grupo del Ejército de Caballería Mecanizado No. 16
General “Gabriel Rebeiz Pizarro” “Centinelas de Arauca” was conducting inspection and military control
operations in the general area of the pathway “Mata de Plátano”, in the municipality of Saravena, where
information had been received about the presence of a group of “narco-bandits” belonging to the ELN. 77 The
members of the operation stated they left with an order to carry out an inspection and control of the area. 78
67.
The members of the Army Patrol, under the command of Sergeant Gustavo Urbano,
established a military roadblock on the road that leads from Saravena to “Pescado Bajo.” 79 This roadblock
consisted of three sectors: a patrol in the middle making a roadblock, stopping and searching vehicles, under
the command of Sergeant Urbano; and two security patrols, one at the exit of the road to Saravena and
another in the entrance of the roadblock on the pathway to “Pescado”, under the command of Sergeants
73 Annex 14. Photocopy of the birth certificate of Anderson Giraldo Villamizar Granados. Annexed to the written brief of the
petitioners of October 27, 2010
74 Annex 15. Diligence rendered by Mr. Miguel Bautista Bustos before Municipal Ombudsperson, October 11, 1996. Annexed to
the written brief of the State received on August 26, 2010
75 Anexo
6. Testimony of María Olfa Rodríguez González before Notary Public, October 14, 2010.
76 Annex 16. Testimony rendered by Mr. Edgar Ortega Hernández before Municipal Ombudsperson, October 11, 1996. Annexed
to the communication of the petitioners received on March 12, 2001.
77Annex
17. Military Forces of Colombia, Fragmentary Order No. 091, August 1996.
78 Annex 18. Diligence rendered by Second Sergeant Mr. Gustavo Urbano Mejía before Court 124 of Military Criminal
Instruction, October 24, 1996; Annex. 19. Diligence rendered by Mr. SLV. Prieto Cáceres Leonardo before Court 124 of Military Criminal
Instruction, October 24, 1996; Annex 20. Diligence rendered by Regular Soldier Díaz Durán Wilson before Court 124 of Military Criminal
Instruction, October 24, 1996; Annex 21. Diligence rendered by SLV. Mr. Ariel Méndez Quirife before Court 124 of Military Criminal
Instruction, October 24, 1996; Annex. 22. Diligence rendered by First Sergeant Mr. José Virgilio Jiménez Mahecha before Court 124 of
Military Criminal Instruction, October 24, 1996; Annex. 23. Diligence rendered by Mr. Omar Duarte Herrera, before Court 124 of Military
Criminal Instruction, October 16, 1996; Annex. 24. Diligence rendered by SLV. Mr. Reymund Piñeres before Court 124 of Military
Criminal Instruction, October 26, 1996; Annex. 25. Diligence rendered by Second Sergeant Mr. Inagan Guaspud Armando before Court
124 of Military Criminal Instruction, October 26, 1996. Annexed to the written brief of the State received on August 26, 2010.
79 Annex 22. Diligence rendered by First Sergeant Mr. José Virgilio Jiménez Mahecha before Court 124 of Military Criminal
Instruction, October 26, 1996. Annexed to the written brief of the State received on August 26, 2010.