which caused them to start firing back. Mr. Giraldo Villamizar jumped off the motorcycle and as a result was “killed in action” (dado de baja). 85 70. Mrs. Maribel Villamizar Durán and Mr. Edidxon Villamizar Durán stated that a neighbor informed them that apparently their brother had been killed. 86 Maribel Villamizar Durán and Gustavo Villamizar Lizarazo stated that the next day they heard the news on the “Emisora de Radio La Voz de Cinaruco de Arauca” informing that the Army had “killed in action” a guerilla member of the ELN and had seized armaments from him. 87 71. In relation to one of the members of the Army who participated in the operation, a.k.a “Careleche”, Maribel Villamizar Durán, 88 Edidxon Villamizar Durán89 and Gustavo Villamizar Lizarazo90 stated that they had been harassed by him prior to and after the death of Giraldo Villamizar. Ludy Lizarazo stated that “since he heard the news […] he had a feeling that it was a man from the Army, called “Careleche”, who 85The previous sequence of acts follows in general terms from the entire narrative of the statements of the military men as contained in the casefile. See in this regard, Annex. 18. Diligence rendered by Second Sergeant Mr. Gustavo Urbano Mejía before Court 124 of Military Criminal Instruction, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Anne. 22. Diligence rendered by First Sergeant Mr. José Virgilio Jiménez Mahecha before Court 124 of Military Criminal Instruction, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 31 Diligence by Mr. Luis Villamizar Anaya, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex, 19. Diligence rendered by SLV. Mr. Leonardo Prieto Cáceres before Court 124 of Military Criminal Instruction, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 20. Diligence rendered by Regular soldier Mr. Días Durán Wilson before Court 124 of Military Criminal Instruction, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 21. Diligence rendered by SLV. Mr. Ariel Méndez Quirife before Court 124 of Military Criminal Instruction, October 24, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 23. Diligence rendered by Mr. Omar Duarte, before Municipal Ombudsperson, October 16, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 26. Diligence rendered by First Sergeant Mr. José Isabel Benavides Lina before Court 124 of Military Criminal Instruction, October 26, 1996. Annexed to the written brief of the State received on August 26, 2010; Annex. 24. Diligence rendered by SLV. Mr. Reymund Piñeres before Court 124 of Military Criminal Instruction, October 26, 1996. Annexed to the written brief of the State received on October 29, 2010; Annex. 25. Diligence rendered by Second Sergeant Mr. Inagan Guaspud before Court 124 of Military Criminal Instruction, 20 January, 1997. Annexed to the written brief of the State received on August 26, 2010. Annexed to the written brief of the State received on August 26, 2010. 86 Annex 27. Testimony of Maribel Villamizar Durán before Notary Public, October 15, 2010. Annex. 32. Testimony of Edidxon Villamizar Durán before Notary Public, October 15, 2010. 87 Maribel Villamizar Durán pointed out that “the news was passed by the Emisora de Radio La Voz del Cinaruco de Arauca, informing that the army had killed in combat a guerilla member of the ELN and had seized armament from him”. Annex. 27. Testimony of Maribel Villamizar Durán before Notary Public, October 15, 2010. Likewise, Mr. Gustavo Villamizar Lizarazo stated “according to the news on the radio [his son] supposedly died in a combat.” Annex. 8. Complaint rendered by the citizen Gustavo Villamizar Lizarazo before the Office of the Municipal Ombudsperson, August 20, 1996. Annexed to the communication of the petitioners of April 29, 2010. 88 She stated that approximately two months before her brother’s death she was travelling on [a] motorcycle with her brother and his partner and “one block away from “los centauros” [they] found a group o soliders, amongst them was a soldier who is called “cara de leche”, he shouted stop, papá, stop, come, come.” She stated they told “Gustavo to continue because they were afraid” and “then the soldier briefly ran to the middle of the road and pointed at them with his rifle.” At that time “they told Giraldo to accelerate more the motorcycle and the when the soldier saw they sped up […] lowered his gun and kicked the ground in an angry attitude.” Annex. 7. Testimony rendered by Mrs. Maribel Villamizar Durán before Municipal Ombudsperson, August 20, 1996. Annexed to the communication of the petitioners received on March 12, 2001. Likewise, she pointed out that “afterwards approximately 3 months later we were with the permament partner of him mi sister in law Ludy Lizarazo at the fairground of Saravena and the soldier who was called CARELECHE, threw a paper we had to the ground and my sister in law opened it and said hurting, we did not respond anything…, later we sat in a table and the same soldier sat down next to us and placed his rifle on the table in a challenging attitude.” Annex. 27. Testimony of Maribel Villamizar Durán before Notary Public, October 15, 2010. 89 Stated that said soldier “frequently would search me, my brothers and some friends.” Annex. 12. Testimony of Edidxon Villamizar Durán before Notary Public, October 15, 2010. 90 He indicated that the night of “wake good (sic) to buy some beers to Mr. Miguel’s place, who is called “pistolojon”, upon arriving to the warehouse it was closed, I rang the bell and he took some time in opening, the boy who joined me told me he was at the corner of the park and his name was or was called “careleche”, at that time Don Miguel opened the door, when I entered the boy told me “they came this way”, I told him let them come and they entered the warehouse and a man named “careleche” told the owner of the warehouse, Don Miguel “Sell me a liter of aguardiente too, to celebrate the twenty five years”, and suddenly he turned around and said “but I don’t know when was my birthday”, talked about other things I don’t remember, the soldier who was with him told him “let’s go” and left and didn’t buy anything, which makes me understand it was for harassing us.” Stated that he ignores the name of who joined him to the warehouse, but “they call him son of Reinalda” and stated “he lives in front of his house.” Annex. 8. Complaint rendered by the citizen Gustavo Villamizar Lizarazo before the Office of the Municipal Ombudsperson, August 20, 1996. Annexed to the communication of the petitioners of April 29, 2010.