28
dead.”115 He added that the soldiers entered the residence and said to them: “we thought that there
was a camp in here”116 and “thank ‘em (sic) for not being killed, this is a miracle.”117 Witnesses testified
that the military men accused them of being collaborators with the insurgency.118 According to their
account, when Juan Carlos Gallego complained to the military officers, he was kicked in the head.119 The
noted that when he said he was going to file a suit against them, they responded: “go right ahead (...)
because you are going to lose.” 120 It was also claimed that the soldiers told Juan Carlos Gallego that “he
was in their sight,” that they have to “give him a thrashing” and “to not be shocked if he popped up
dead.”121 As is described below (see infra paras. 108-111), Juan Carlos Gallego disappeared 10 days
after these incidents took place.
101. The witnesses testified that an individual was accompanying the members of the
military forces, wearing a hood tied with a piece of rope and an army uniform.122 They recounted that
the military took the hood off him and they recognized that it was alias Fredy, who the soldiers called
“three-hooves” [‘tres patas’], whose disappearance was described above (see supra paras. 92-93).123
According to the statements, in the morning the soldiers took out canned food marked with the name of
115
Annex 21. Complaint filed by Eliseo Gallego Quintero with the Office of the Attorney General of the Nation, Local
Unit of Cocorná, dated July 8, 1996. Case File No. 233 UNDH. Book No. 1. Compact disk attached to petitioners’ communication
of June 24, 2010.
116
Annex 30. Statement of José Eliseo Gallego Quintero to the Office of the Municipal Ombudsman of El Carmen de
Viboral, dated July 19, 1996. Annex to petitioners’ communication of July 1, 1999.
117
Annex 21. Complaint filed by Eliseo Gallego Quintero with the Office of the Attorney General of the Nation, Local
Unit of Cocorná, dated July 8, 1996. Case File No. 233 UNDH. Book No. 1. Compact disk attached to petitioners’ communication
of June 24, 2010.
118
Annex 30. Statement of José Eliseo Gallego Quintero to the Office of the Municipal Ombudsman of El Carmen de
Viboral, dated July 19, 1996. Annex to petitioners’ communication of July 1, 1999; Annex 33. Statement of Juan Carlos Gallego
Hernández to the Office of the Municipal Ombudsman of Cocorná, dated June 30, 1996. Annex to petitioners’ communication
of July 1, 1999.
119
Annex 30. Statement of José Eliseo Gallego Quintero to the Office of the Municipal Ombudsman of El Carmen de
Viboral, dated July 19, 1996. Annex to petitioners’ communication of July 1, 1999; Annex 33. Statement of Juan Carlos Gallego
Hernández to the Office of the Municipal Ombudsman of Cocorná, dated June 30, 1996. Annex to petitioners’ communication
of July 1, 1999.
120
Annex 21. Statement of Florinda de Jesús Gallego Hernández to the Office of the Attorney General of the Nation,
dated October 25, 1996. Case File No. 233 UNDH. Book No. 1. Pages 90-92. Compact disk attached to petitioners’
communication of June 24, 2010.
121
Annex 24. Statement of Jhon Fredy Castaño Gallego to the National Human Rights Unit of the Office of the
Attorney General of the Nation, dated November 10, 2004. Case File No. 233 UNDH. Book No. 10. Pages 81-85. Compact disk
attached to petitioners’’ communication of June 24, 2010; Annex 40. Statement of the sister of Juan Carlos Gallego Hernández.
Compact disk of Corporación Jurídica Libertad attached to petitioners’ submission of March 23, 2010.
122
Annex 19. Submission of the Corporación Jurídica Libertad to the National Human Rights Unit of the Office of the
Attorney General of the Nation, filed on April 2, 2007. Annex to petitioners’ communication of July 1, 1999; Annex 33.
Statement of Juan Carlos Gallego Hernández to the Office of the Municipal Ombudsman of Cocorná, dated June 30, 1996.
Annex to petitioners’ communication of July 1, 1999.
123
Annex 19. Submission of the Corporación Jurídica Libertad to the National Human Rights Unit of the Office of the
Attorney General of the Nation, filed on April 2, 2007. Annex to petitioners’ communication of July 1, 1999; Annex 33.
Statement of Juan Carlos Gallego Hernández to the Office of the Municipal Ombudsman of Cocorná, dated June 30, 1996.
Annex to petitioners’ communication of July 1, 1999.