- Griseldina Carrillo reaffirms “that she determined that they would be paramilitary, that they did not say to which group they belonged or anything”; 127 she stated “thinking that her son was killed by the Army because if it would have been the guerillas they would not have dressed him as a guerrilla member and would have killed him in his house.”128 - Mr. Manuel Gelves, according to his testimony in the decision of the Judge of First Instance, stated that the persons said “they were from the guerrillas, they were farianos”, nevertheless, he stated he considered that “they were Army men, because they abducted his son the hard way, forcibly.” 129 In another testimony narrated by the same judge, Mr. Manuel Gelves stated that the persons who came to his house “were not who they said they were, that they only said that [he] had to go with them and did not state the reason why they had to take him.”130 - Ariolo Guerrero Gelves stated “it was the Army because Elio appeared dead near the military base of Fortul.” 131 89. At dawn on May 28, 1997, the Special Group URE DELTA 6, under the command of Lte. Ditterich Dallatore Werner was executing an operation named “ESCORPIÓN” according to which the Group’s mission was “to capture and/or apprehend FARC bandits who were planning to attack a site “Y” where there was a permament roadblock manned by troops.” 132 The patrol “was organized in three groups”, the commanders were Lieutenant Ditterich and Sergeant Gómez. 133 The mission consisted of moving “cross country” from the headquarters of the Batallion of the Municipality of Fortul to the site known as “Las Piscinas”, where they would set up ambushes for passing subversives and at the same time provide support in case of an eventual attack to the “Y”. 134 According to the testimony of the Lieutenant in command, the operation had started on May 25 with an “infiltration in the area” and by May 28 they had advanced to the site known as “las piscinas”.135 According to First Sergeant Mauricio Gómez Chacón the information that the guerillas “wanted to harass” was provided to army personel located in the “Y” by civilians, but he did not know exactly which persons.” 136 90. The facts that occurred on May 28, 1997, the day the the body of Mr. Elio Gelves was found, were registered in the “patrolling report” in the following way: 127Annex 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000 128 The statement is found narrated in Annex. 37. Fiscal Delgado, Colisión de Competencia, July 30, 1998. Annexed to the written brief of the petitioners, November 6, 2000 129This statement is found narrated in Annex. 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000. 130This statement is found narrated in Annex. 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000. 131This statement is found narrated in Annex. 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000. 132Annex. 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000. 133 Annex. 40. Testimony of voluntary soldier William Cruz Libreros before Despacho Promiscuo Municipal, on July 2, 1997. Annexed to the written brief of the petitioners of April 10, 2001; Annex. 41. Testimony of voluntary soldier Miguel José Herrera Ospina before Despacho Promiscuo Municipal, on July 2, 1997. Annexed to the written brief of the petitioners of April 10, 2001. 134Annex. 42. Fiscalía 14 Penal Militar before the Judge of First Instance of the Second Division Brigades, summary evaluation, April 23, 2001. Annexed to the written brief of the State, received June 19, 2009 135See statement quoted in Annex. 37. Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000. 136 Annex. 43. Testimony of First Sergeant Mauricio Gómez Chacón before Despacho Promiscuo Municipal, on July 12, 1997. Annexed to the written brief of the petitioners of April 10, 2001

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