67
225. According to proven facts and as was recognized by Major Carlos Guzmán, who was
commander of the FTA at the time, María Irene Gallego was detained by military personnel of said group
on June 26, 1996. The IACHR notes that Major Guzmán alleged that María Irene Gallego was left in the
local Prosecution Service. Nevertheless, the Commission observes that at least two witnesses saw María
Gallego two weeks after the incidents with a platoon of soldiers and to date her whereabouts are
unknown. Likewise, the IACHR notes that the military personnel themselves acknowledged that they
handed her over to paramilitary group members and that the latter had killed her.
226. On the basis of a joint review of these elements, as well as of context in which the
incidents in Vereda La Esperanza occurred, the Commission deems that military personnel of the FTA
directly participated in the arrest and subsequent forced disappearance of María Irene Gallego. In this
regard, the Commission concludes that the State violated the rights to personal liberty, personal
integrity, life, and recognition as a person before the law, as enshrined in Articles 3, 4, 5 and 7 of the
American Convention in connection with the obligations set forth in Article 1.1 of the same instrument;
as well as article I.a) of the Inter-American Convention on The Forced Disappearance of Persons, to the
detriment of María Irene Gallego.
6.5.
Juan Carlos Gallego and Jaime Alonso Mejía Quintero
227. According to proven facts, Juan Carlos Gallego and Jaime Mejía were taken into custody
on July 7, 1996 and to date their whereabouts are unknown. The IACHR has statements mentioning that,
on various occasions, military personal had threatened to kill both these persons and had accused them
of being guerrilleros.
228. On the basis of a joint review of these elements, as well as the context in which the
events in Vereda La Esperanza occurred, the Commission deems that military personnel collaborated
with the Self-Defense Forces of Magdalena Medio to execute the forced disappearance of Juan Carlos
Gallego and Jaime Mejía. As a result, the IACHR concludes that the State of Colombia violated their
rights to personal liberty, personal integrity, life and recognition as a person before the law, as
enshrined in Articles 3, 4, 5 and 7 of the American Convention in connection with the obligations set
forth in Article 1.1 of the same instrument; as well as article I.a) of the Inter-American Convention on
The Forced Disappearance of Persons, to the detriment of Juan Carlos Gallego and Jaime Mejía.
6.6.
Javier Giraldo Giraldo
229. According to proven facts, Javier Giraldo was killed on July 7, 1996 by the same persons
that moments prior had taken into custody Juan Carlos Gallego and Jaime Mejía.
230. In the present case, on the basis of a joint review of the specific elements of the death
of Mr. Giraldo Giraldo, as well as the context in which the incidents of Vereda La Esperanza took place,
the Commission deems that he was killed in the framework of a joint participation of military agents
with Self-Defense Forces of Magdalena Medio. As a result, the Commission deems that it has been
proven that the State violated his right to life, as enshrined in Article 4 of the American Convention in
connection with the obligations set forth in Article 1.1 of the same instrument.
6.7.
Hernando de Jesús Castaño Castaño, Octavio de Jesús Gallego Hernández and Orlando
de Jesús Muñoz Castaño