30
107. On April 8, 2002, the 44th Prosecutor's Office ordered the taking of new evidence to
determine whether the death of Mr. Omeara Carrascal was caused by the injuries suffered on
January 28, 1994 in the attack that occurred at the “San Roque” restaurant. An inspection
was also ordered at UNASE headquarters.85.
108. On February 12, 2004, the National Institute of Legal Medicine and Forensic Sciences
informed the Prosecutor's Office that it can be inferred that the basic cause of death is directly
related to the gunshot wound.86
109. On February 16, 2004, the DAS issued a report describing the steps taken.87 Among
others, on February 3, 2004, it examined the process against Major JL at the Office of the
Attorney General of the Nation. As a result of these proceedings, a copy of the statements of
JM of February 23, 1995 and of FRa of February 6, 1995 was received.88
110. On several occasions, during 2004, 2005 and 2006, various procedural actions were
carried out.89
111. On May 4, 2006, the 44th Prosecutor's Office was appointed to investigate the facts of
the case.90
112. On November 9, 2007, the 44th Prosecutor's Office ordered the performance of
procedures, including a ballistics test, the location of members of the Investigative Unit of the
Judicial Police, the location of people who were at the scene of the events and the location of
Mr. Omeara Carrascal’s family members to obtain their statements on the facts.91
file, Annex 5 to the answering brief, fs. 4637 to 4642). Official letter of the Municipal Council of Aguachica dated
December 14, 2001 with a list of the Councilors in the period 1992-1944; statements made on December 19 and 20,
2001 by AQ, EA and NP, all of them direct witnesses to the events, investigations into other homicides, subpoenas
(evidence file, annex 5 to the answering brief, fs. 4644 to 4669) Regarding the presence of UNASE in Aguachica,
Prosecutor Iván Augusto Gómez Celis acknowledged that in 1994 it did have headquarters in Aguachica Cf. Statement
of Ivá n Augusto Gómez Celis, supra.
85
The purpose of the inspection was to establish the personnel that operated at UNASE during 1994, as well
as information on their operations. Official letter of the Prosecutor 44 of April 8, 2002 (evidence file, annex 5 to the
answer, fs. 4680, 4681); Inspection record that is carried out within file 015 of May 8, 2002. The file of the preliminary
investigation with file 015 was analyzed and some information was indicated on the events that occurred to the
detriment of Manuel Guillermo Omeara Miraval and Noel Emiro Omeara Carrascal (evidence file, annex 5 to the
answering brief, fs. 4683 to 4683). The list of UNASE members in 1994 and 1995 appears in the UNASE Report of
January 6, 1996 before the Barranquilla Regional Prosecutor's Office (evidence file, annex 6 to the answering brief,
fs. 6754 to 6755).
86
Institute of Legal Medicine and Forensic Sciences. Supplement No. 007-2004 of February 12, 2004 (evidence
file, annex 43 to the brief with pleadings, motions and evidence, fs. 2354 to 2356).
87
Some of the procedures carried out were: search for the file of the copy of the Extraordinary Security Council
in Aguachica of January 1995, with negative results; locate the priest who practiced in Aguachica between 1994 and
1995; he was located and identified as JR; carry out a judicial inspection of the disciplinary process related to these
facts; locate the medical history, inquiring about the Alto Prado Clinic finding that the property was unoccupied and
obtaining the death certificate of Noel Emiro Omeara Carrascal. DAS report of February 16, 2004 (evidence file, annex
5 to the answering brief, fs. 4943 to 4950).
88
Judicial inspection procedure carried out in the office of the Human Rights Coordination Unit of the National
Office of the Attorney General and statements by Major JL and JM (evidence file, annex 5 to the answering brief, File
397, log 2, f. 4955 to 4976).
89
Specifically, the investigation was reassigned, and some proceedings were ordered.
90
Order 01360 of the National Office of the Attorney General of May 4, 2006 (evidence file, annex 85 to the
brief with pleadings, motions and evidence, fs. 2569 to 2581).
91
The results of these proceedings were the following: regarding the ballistics report, on December 26, 2007,
it was concluded that the bullet was fired from a semiautomatic pistol-class weapon, which includes the makes of
Browning, Beretta, Walther -Mod.p38, Heckler & Koch, Mod. MP5, etc. Ballistic report of the Scientific Research
Laboratory of the C.T.I. of December 26, 2007 (evidence file, annex 5 to the answering brief, fs. 5167 to 5170); In
front of the location of members of the Investigative Unit of the Judicial Police, on December 18, 2007, the head of
the police resumé administration group reported that Major JL and FRa had retired from the institution and that JG