44
(supra para. 71).173 The subregion of southern Cesar, where Aguachica is located, saw great
interest and confluence of armed actors, and there was a presence of paramilitary groups in
the area, among which the "Los Prada" group stood out. According to various statements from
family members and witnesses, said group coordinated with members of the Police and the
Army, and the actions carried out by the latter were known to the Administrative Department
of Security (supra paras. 72, 73 and 74).
179. This Court recalls that according to its case law, in order to establish state responsibility
for violation of the duty of respect in relation to the actions of third parties, a general situation
of context is not enough, and it is necessary that in this specific case, its specific circumstances
are seen to produce state acquiescence or collaboration.174 Next, the Court will analyze the
body of evidence to determine whether the facts make it possible to establish acquiescence
or collaboration in this specific case.
180. Firstly, the Court verifies that three members of the “Los Prada” group testified in
Prosecutor's Office 34: (a) that RP had ordered the attack against Mr. Álvarez Sánchez; (b)
that members of the “Los Prada” group participated in these acts, and (c) that at the time the
attack occurred there was collusion between the security forces and the paramilitary group.
181. Specifically, in relation to the attack perpetrated against Mr. Álvarez Sánchez that
occurred on October 21, 1994, in a statement rendered by JP on June 24, 2010, he said: “that
was also him [GM] by order of RP. That rumor spread through San Alberto because that man
was a very good person and didn't mess with anyone, it was rumor[ed] that because they had
messed with him. I found out because [RP] himself told me. What he didn't tell me was why
he did it [,] but I know that [RP] did it. That gentleman, Don Héctor, did not mess with anyone
[,] the one who owed something was the son-in-law.” Similarly, in a joint free account of
January 17, 2017, JP stated: “I accept all those events by line of command, because they
were events ordered by [RP] and they were done by that organization. And I was a founding
member of that group. I found out about that after I came from over from Yopal and they told
me that they had killed Mr. Omeara, son-in-law of the owner of the La Buila [(sic)] ranch.
That's why I found out about it. I had no knowledge of how the events unfolded. But I want
to apologize to the victims for those serious events that happened. I accept all these facts,
the murder of José Herminson [(sic)] Sepúlveda Saravia and the attempted murder of Noel
Emiro Omeara Carrascal, which occurred on January 28, 1994 at the [S]an [R]oque restaurant
in Aguachica. – Homicide and forced disappearance of Manuel Guillermo Omeara Miraval who
was kidnapped on August 27, 1994 and found dead on September 23, 1994. And attempted
murder of Héctor Álvarez Sánchez that occurred on October 21, 1994 in Aguachica [, ] César.
All that’s left is to ask forgiveness with all my heart”. In another statement, RP declared the
following: “I did hear mention of the attack, I did not participate, and it was said that it had
been people from [LO] in coordination with my father [RP], and my father's military
commander was […] [MR]. And many times these orders were given directly to [GM] from my
dad.”
182. Secondly, it is a proven fact that Mr. Álvarez Sánchez gave a statement on September
6, 1994 before officials of the Barranquilla Regional Prosecutor's Office on facts related to the
disappearance of his son-in-law Manuel Guillermo Omeara Miraval (supra para. 88). In that
statement, Mr. Álvarez Sánchez stated that Mr. Omeara Miraval had told him that the
Cf. Case of 19 Tradesmen v. Colombia. Merits, Reparations and Costs. Judgment of July 5, 2004. Series C
No. 109, para. 86, and Case of Vereda La Esperanza v. Colombia. Preliminary Exceptions, Merits, Reparations and
Costs. Judgment of August 31, 2017. Series C No. 341, para. 68.
174
Cf. Case of the Afro-descendant Communities displaced from the Cacarica River Basin (Operation Genesis)
v. Colombia. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No.
270, para. 280, and Case of Vereda La Esperanza v. Colombia, supra, para. 151.
173