23
B.1. Personal circumstances and next of kin of Noel Emiro Omeara Carrascal
76.
Noel Emiro Omeara Carrascal, was born on July 30, 192640, in Teorama, Northern
Santander, and was a rancher. His life was spent between his cattle farms and his house in
Aguachica. Although he did not exercise any active political affiliation, he identified with the
conservative party.
77.
He had a family with Zoila Miraval de Omeara (deceased), made up of thirteen children:
Luis Enrique, Aura Isabel, Noel Emiro, Araminta, Ricaurte, Eduardo, Zoila Rosa, Liliana Patricia,
María (deceased), Carmen Teresa, Jaime Antonio , José Miguel (deceased), Manuel Guillermo
(deceased), all surnames Omeara Miraval, and their three grandchildren, children of Manuel
Guillermo Omeara Miraval and Fabiola Álvarez Solano, namely: Manuel Guillermo, Elba
Katherine and Claudia Marcela, surnames Omeara Álvarez.41
B.2. Attack and subsequent death of Noel Emiro Omeara Carrascal
78.
On January 28, 1994, Noel Omeara Carrascal went to have lunch at the “San Roque”
restaurant, located near the municipal mayor's office. José Erminso Sepúlveda Saravia, Private
Secretary of the Mayor's Office and member of the MAC was at the same place at the same
time.42
79.
During lunch, around four men entered the restaurant dressed as civilians carrying
firearms, fired shots and later left the location.43 José Erminso Sepúlveda Saravia died that
same day as a result of the shots fired, while Mr. Omeara Carrascal, who was hit by a projectile,
was transferred to the Aguachica hospital, from which he was urgently transferred
Bucaramanga44.
80.
According to statements by AQ, a witness to the events, and Jaime Antonio Omeara
Miraval, son of Noel Emiro Omeara Carrascal, after the attack members of the “UNASE group
[…] came to the park and collected [José Erminso Sepúlveda] and [Mr. Omeara], and they took
Baptism certificate of Noel Emiro Omeara Carrascal dated August 20, 1927 (merits file, f. 1503).
Birth registration records of Carmen Teresa Omeara Miraval; Jaime Antonio Omeara Miraval; Luis Enrique
Omeara Miraval; Aura Isabel Omeara Miraval; Noel Emiro Omeara Miraval; Araminta Omeara Miraval; Ricaurte
Omeara Miraval; Eduardo Omeara Miraval; Zoila Rosa Omeara Miraval, and Liliana Patricia Omeara Miraval, and the
death certificate of María Omeara Miraval (evidence file, proceeding before the IACHR, fs. 1571, 1574, 1576, 1578,
1580, 1582, 1584, 1586 and 1589 , 1592 and 1594). Registration records of the children of Manuel Guillermo Omeara
Miraval (evidence file, Annex 118 to the brief with pleadings, motions and evidence, fs. 2866 to 2868). Registration
records of Manuel Guillermo Omeara Miraval (evidence file, Annex 130 to the brief with pleadings, motions and
evidence, f. 3502). Registration of the marriage of Fabiola Álvarez Solano and Manuel Guillermo Omeara Miraval on
July 11, 1985 (evidence file, annex 131 to brief with pleadings, motions and evidence, f. 3504). Zoila Miraval de
Omeara and José Miguel Omeara Álvarez are not considered victims in this case (supra para. 56).
42
Mr. Sepúlveda Saravia had previously denounced (October 7, 1993 and January 25, 1994) a series of attacks
and threats against him, as well as against members of the MAC. Cf. Testimony of José Erminso Sepúlveda Saravia
on October 7, 1993 before the Office of Special Investigations of the Office of the Attorney General of the Nation
(evidence file, annex 34 to the brief with pleadings, motions and evidence, fs. 2308 to 2310); Complaint filed by José
Erminso Sepúlveda Saravia on January 25, 1994, before the Municipal Ombudsman of Aguachica (evidence file, annex
35 to the brief with pleadings, motions and evidence, fs. 2312 to 2316); Statement of MS of February 22, 2008
(evidence file, annex 22 to the Merits Report, fs.179 to 188), and Statement of AQ of August 20, 2008 (evidence file,
Annex 29(a) to the Merits Report, fs. 231 to 238). This Court notes that in the various documents provided by the
parties, his name is used indistinctly as “José Hermison Sepúlveda Sarabia”, or “José Erminson Sepúlveda Saravia” or
as “José Erminso Sepúlveda Saravia”. For the purposes of this Judgment, said person will be identified by the last
name indicated.
43
Statement of MS of February 22, 2008, supra, and Statement of AQ of August 20, 2008, supra.
44
Statement given by Jaime Antonio Omeara Miraval on August 25, 1998 (evidence file, annex 18 to the Merits
Report, fs. 151 and 152), and medical records of Noel Emiro Omeara Carrascal at the Santa Teresa and Bucaramanga
Clinics from 1994 (evidence file, annex 119 to the brief with pleadings, motions and evidence, fs. 2870 to 2904).
40
41