29
(hereinafter “Justice and Peace”). The investigations are examined in Chapter VIII-3 of this
Judgment. Some references to pertinent facts are made in that section.
F.1. Investigation of Omeara Carrascal
102. On January 31, 1994, the 25th Prosecutor's Office of the Aguachica Local Unit
(hereinafter also “25th Prosecutor's Office”) opened a preliminary criminal investigation into
the murder of José Erminso Sepúlveda Saravia79.
103. On August 31, 1998, the 25th Prosecutor's Office ordered the registration of the name
of the victim Noel Emiro Omeara Carrascal to the previous investigation ongoing into the death
of Mr. Sepúlveda Saravia, so that the investigation is into the death of both persons.80
104. On October 2, 1998, the investigation was reassigned to the National Human Rights
Prosecutor's Office in Bogotá.81
105. On January 29, 1999, the 44th Specialized Prosecutor's Office of the UNDH (hereinafter
also the 44th Prosecutor's Office) ordered proceedings to be carried out, including locating
witnesses, examination of evidence, requesting information from the National Police and the
Santander Battalion on officials of these institutions.82
106. On November 14, 2001, the 44th Prosecutor's Office commissioned the DAS Human
Rights Group to carry out various proceedings,83 locate and identify witnesses to the events,
identify members of the Aguachica Municipal Council, an official from the Mayor's Office, and
determine if at the time of the same the UNASE had headquarters in Aguachica or what its
headquarters and members were.84
Official letter from the Prosecutor's Office dated January 31, 1994 (Cf. evidence file, annex 5 to the
answering brief, f. 4418). On April 4, 1994, the investigation was taken over by the Aguachica 20th Sectional
Prosecutor's Office (evidence file, annex 5 to the answering brief, f. 4455). On May 25, 1994, the proceedings were
sent to the Valledupar Preliminary and Permanent Unit, which decided to return them to Aguachica, corresponding to
the 25th Sectional Prosecutor of Aguachica (evidence file, annex 5 to the answering brief, f. 4480). On November 3,
1994, the investigation was sent by the 25th Sectional Prosecutor to the Regional Prosecutor of the city of Valledupar,
who took over the investigation on November 16, 1994 (evidence file, annex 5 to the answering brief, f. 4486). On
March 10, 1997, the proceedings were received at the Barranquilla Regional Office of Prosecutors, and the
investigation was taken up on September 17, 1997; Note of November 26, 1997 from the Barranquilla Regional
Director of Public Prosecutions (evidence file, annex 5 to the answering brief, fs. 4497 to 4499).
80
Cf. Official Order of Internal Regulation No. 460 of August 31, 1998 from the Barranquilla Regional Director
of Public Prosecutions (evidence file, annex 62 to the Merits Report, fs. 419 to 421). According to official letters of
November 26, 1997 and July 31, 1998, according to the investigation being conducted, the prosecutor had news that
Noel Emiro Omeara Carrascal was injured on the day of the events. Note of November 26, 1997 from the Barranquilla
Regional Director of Prosecutors (evidence file, annex 5 to the answering brief, fs. 4497 to 4499, and Note of the
Barranquilla Regional Director of Prosecutors of July 31, 1998 (file evidence, annex 5 to the answering brief, fs. 4537
to 4540).
81
Cf. Order No. 154 of the National Director of Public Prosecutions (evidence file, annex 5 to the answering
brief, fs. 4615 to 4616).
82
Cf. Official letter of the National Office of the Attorney General. National Prosecutors’ Office. National Human
Rights Unit of January 29, 1999 (evidence file, annex 5 to the answering brief, File 397, fs. 4622 to 4626), and Official
Letter No. 000720/BR5-BISAN-CDO-746 of the Infantry Battalion No. 15 Santander of February 25, 1999 (evidence
file, annex 5 to the answering brief, page 4630). In said official letter, it is indicated that it is unknown who was the
Commander of the troops of the municipality of Aguachica on January 28, 1994, since the municipality is not under
the jurisdiction of that Tactical Unit.
83
Cf. Official letter from the National Prosecutors’ Office. National Human Rights Unit of December 14, 2001
(evidence file, annex 5 to the answering brief, fs. 4631 to 4632).
84
On December 27, 2001, the DAS submitted a report regarding the procedures ordered, indicating that at
that time, January 1994, “[UNASE] operated on Calle 5 #7-90 in Aguachica, […] This group depended on the
Department of Santander with headquarters in the facilities of the Fifth Brigade of the City of Bucaramanga”.
[S]ubsequently, they went to [the] facilities [and were told] by [a] lieutenant that there were no personnel or
intelligence files for the year 92” (Cf. Official letter DAS.DGO-SIES-GPJU.5013 of the Administrative Department of
Security, General Operations Directorate, Judicial Police Investigation Directorate of December 27, 2001 (evidence
79