33
exhumed.106
126. On October 21, 1994, the Director of the DAS reported that it was established that,
apparently, those responsible for the act were members of a “private justice” group that
operated in the region.107
127. On July 6, 1995, the Barranquilla Regional Prosecutor's Office took transfer of jurisdiction
for the proceedings and ordered the taking of new evidence before ordering an investigation
against RP, by establishing that the evidentiary material regarding his intellectual authorship of
the events regarding Manuel Guillermo Omeara Miraval had not been verified.108 On August 9,
1995, the Regional Prosecutor of Barranquilla agreed to open an investigation against RP, for
his membership of a paramilitary group and for the alleged commission of a crime of kidnapping,
additionally ordering the protection of the physical integrity of the Omeara and Alvarez families.
In the same act, the exhumation of the corpse of Mr. Omeara Miraval was ordered to determine
the existence of injuries on his face, on his genitals, and if his toenails had been pulled out. In
addition, among other measures, it was decided to “hear a statement” from a commander of
the National Police of San Martín, so that he “provided more information about the members of
the gang that [RP] commands.”109 This statement took place on September 11, 1997 and was
made by [LFS], who was the Commander of the San Martín Police Station and indicated in his
statement that RP was one of the best-known members of a paramilitary group.110
128. On August 23, 1995, the Barranquilla Regional Prosecutor's Office issued an arrest
warrant against RP, as allegedly responsible for the death of Manuel Guillermo Omeara Miraval.
129. On February 27, 1996, the UNDH Regional Prosecutor's Office received a report from the
Barranquilla Regional Prosecutor's Office containing the results of the proceedings and
investigations carried out. It included the statements of several key witnesses. On the other
hand, there is an annex from the National Office of the Attorney General, with statements by
FR, Commander of the National Police, dated February 6, 1995 and April 18, 1995, and an
intelligence report from the National Police of 13 February 1995. There are also statements
made by JF on February 23, 1995 and February 29, 1995. The report and the statements
indicate the participation of the army, in particular Major JL, and UNASE with the "Los Pradas"
paramilitary group.111
130. Based on various pieces of evidence, on May 20, 1998, the Head of the National Human
Rights Unit, a unit to which the case had been transferred from the Barranquilla Regional
Prosecutor's Office, ordered Major JL to be linked to the investigation for “kidnapping and
Autopsy Protocol, supra, and Additional Report to No. 065 of September 1994 related to the investigation
into the kidnapping and disappearance of Manuel Guillermo Omeara Miraval of September 23, 1994 (evidence file,
annex 6 to the answering brief, fs 6378 6379).
107
Response from DAS to Tatiana Rincón Covelli of October 21, 1994 (evidence file, annex 66 to the Merits
Report, fs. 438 and 439), and Report of the Military Forces-National Army-UNASE Aguachica BRS Group of October
1994 (evidence file, annex 48 to the Merits Report, f. 354).
108
Letter No. 3511-ISP of the Regional Directorate of Prosecutors, Barranquilla Common Registrar, of July 6,
1995 (evidence file, annex 6 to the answering brief, f. 6449).
109
Order to open the investigation, Regional Prosecutor of Barranquilla on August 9, 1995 (evidence file, annex
61 to the Merits Report, fs. 414 to 417). To date there are no results from the exhumation ordered. The only document
that shows any type of action is the report of the Judicial Police of August 8, 2016, in which it is mentioned that the
body of Manuel Guillermo Omeara Miraval is buried in the Aguachica central cemetery and that he is buried in the
same grave as his parents (Zoila Miraval de Omeara and Noel Emiro Omeara Carrascal), and Judicial police report
No. 976654 of August 8, 2016 (evidence file, annex 3 to the answer, fs. 4366 to 4373).
110
Proceedings of statement given by [LFA] on September 11, 2018 (evidence file, annexes to the answering
brief, fs. 7577 to 7579).
111
Referral of proceedings carried out by the Barranquilla Regional Prosecutor's Office on February 19, 1996
(evidence file, annex 6 to the answering brief, fs. 7001 to 7093), and Complaint filed by JEM on February 23, 1995
(evidence file, annex 6 to the answering brief, pages 7748 to 7752).
106