48. Regarding the possible participation of Mr. Pabón Díaz, on April 8, 1997, the UDH ordered to carry out proceedings in order to find him.92 Likewise, police officer Bohórquez was taken a statement.93 As regards the alleged loss of the gun, the General Prosecutor’s Office carried out proceedings in the visit of 1997 to the Mayor’s Office of Kennedy 94 and in 1998 to the Judicial Unit of the town of Kennedy. 95 The IACHR observes that, as opposed to what was indicated by officer Bohórquez before the PGN, the General Prosecutor’s Office was not able to confirm that the loss of the gun which was in Mr. Pabón’s possession had been duly reported. 96 On December 18, 2008, the DAS informed the General Prosecutor’s Office that Mr. Pabón was convicted on the charges of counterfeit of public office and illegal possession of weapons, being released on August 23, 2002.97 The IACHR understands that it was not possible to ascertain Mr. Pabón’s whereabouts. 49. Finally, as regards the search of the alleged victim, the General Prosecutor’s Office requested the obtaining of the ten-print card. 98 In 2011, it requested information about a possible exhumation 99 and verified the existence of a missing person form with the information of the alleged victim in the National Institute of Legal Medicine and Forensic Sciences100. 50. From the information available to date, the investigation remains at a preliminary stage. 3. Action of direct reparation before the Contentious-Administrative jurisdiction. 51. On May 19, 1995, Ms. Vergara filed an action of direct reparation against the Nation, the Ministry of Defense and the National Army before the Third Section of the Administrative Court of Cundinamarca.101 Such claim was rejected in the first instance on October 30, 2001, by considering that the forced disappearance by the public authority was not demonstrated102 and was appealed by the claimants. On June 23, 2011, the Council of State confirmed the first degree judgement because there was not “evidence in the file to establish that the disappearance of Mr. Pedro Julio Movilla Galarcio might have been carried out by members of the accused public entity.”103 IV. LEGAL ANALYSIS Annex X. General Prosecutor’s Office, Rad. No. 096. Official Communication No. 859. April 8, 1997. Annex to petitioners’ communication of January 28, 2012; Annex X. General Prosecutor’s Office, Rad. No. 096. Official communication to the Unit of Public Instruments. June 11, 1997; Annex 120. General Prosecutor’s Office, Rad. No. 096. Report of the General Prosecutor’s Office regarding the proceedings to locate Pedro Pabón Díaz; Annex 121. General Prosecutor’s Office, Rad. No. 096. Report on the investigation proceedings of the General Prosecutor’s Office. July 11, 2012. Annex to petitioners’ communication of January 28, 2012; Annex x. General Prosecutor’s Office, Rad. No. 096. Request by the Unit of Judicial Police to the ASOBANCARIA. June 11, 1997. Annex to petitioners’ communication of January 28, 2012; Annex x. General Prosecutor’s Office, Rad. No.096. Electoral Organization of the National Civil Registry. September 11, 1997. Annex to the petitioners’ communication of January 28, 2012. 93 Annex X. General Prosecutor’s Office, Rad. No. 096. Statement by Ramiro Bohórquez. April 15, 1997. Annex to the petitioners’ communication of January 28, 2012. 94 Annex X. General Prosecutor’s Office, Rad. No. 096. Report on the vest carried out at the major’s office of Kennedy of June 13, 1997. It was verified that from April 26, 1993, to August 9 of the same year, there are no records about the complaint filed for the theft of Mr. Ramiro Bohórquez Neuta’s gun. Annex to the petitioners’ communication of January 28, 2012. 95 Annex X. General Prosecutor’s Office, Rad. No. 096. Report of the Government Secretariat of Bogotá. January 28, 1997. It highlights that “the complaint filed by Mr. Ramiro Bohórquez Neuta before the judicial unit of said town in the year 1993 was not found.” Annex to the petitioners’ communication of January 28, 2012. 96 Annex X. General Prosecutor’s Office, Rad. No. 096. Report UNPJ.DH.A. April 17, 1997. Annex to the petitioners’ communication of January 28, 2012. 97 Annex X. General Prosecutor’s Office, Rad. No.096. Report of the Security Administrative Department of the DAS. December 18, 2008. Annex to the petitioners’ communication of January 28, 2012. 98 Annex X. General Prosecutor’s Office, Rad. No. 096. Judicial inspection proceeding at the National Civil Registry. April 7, 1994. Annex to the petitioners’ communication of January 28, 2012. 99 Annex X. General Prosecutor’s Office, Rad. No. 096. Report of the proceedings. July 11, 2011. Annex to the petitioners’ communication of January 28, 2012. 100 Annex X. General Prosecutor’s Office, Rad. No. 096. Report of the proceedings addressed to the specialized Prosecutor’s office 48. February 3, 2009. It is stated that the Institute of Legal Medicine filled the form of the missing person Movilla Galarcio, where they enter data to the Sirdec System with the No. 2008D007280. Annex to the petitioners’ communication of January 28, 2012. 101 Annex X. Action for Direct Reparation Rad. 10896 before the Contentious-Administrative Court of Cundinamarca. May 19, 1995. Record No. 95-D-10896. Annex to the petitioners’ communication of January 28, 2012. 102 Annex 131. Judgment of the Administrative Court of Cundinamarca, Third Section, of October 30, 2001. Annex to the petitioners’ communication of January 28, 2012. 103 Annex 132. Judgment Council of State- Contentious-Administrative Chamber. Third Section-Subsection A, of June 23, 2011. Annex to petitioners’ communication of January 28, 2012. 92 13