289. The Court notes that, based on the expert opinion of Máximo Duque and the
considerations of the judgment of the Superior Court of Bogota in the proceedings against
the Commander of the Cavalry School, the State argued that possibilities exist, other than
the forced disappearance of the presumed victims, to explain why their remains have not
yet appeared, such as: (i) that their remains are among the unidentified corpses found in
the mass grave in the South Cemetery; (ii) that the presumed disappeared victims died in
the Palace of Justice, where their remains were completely consumed by the fire “or that
the condition of the corpses prevented their identification,” and (iii) that, owing to errors in
the identification of the bodies, the remains of the presumed disappeared victims could
have been returned to other families erroneously.
290. Regarding the possibility that the presumed disappeared victims are among the bodies
exhumed from the mass grave in the South Cemetery, the Court notes the following: after
the events, 94 corpses from the Palace of Justice were sent to the Institute of Forensic
Medicine (60 carbonized and 34 without any charring); 451 of these 38 corpses were buried
in the mass grave in the South Cemetery (supra para. 155). In 1998, the exhumation of all
the remains in the said grave was initiated, including those from the corpses of 90 adults,
among whom were those from the Palace of Justice (supra paras. 192 and 193). According
to genetic tests performed in 2001, 2002, 2003, 2010 and 2012 none of these remains of
the exhumed corpses have been identified as belonging to the disappeared victims in this
case, with the exception of Ana Rosa Castiblanco Torres, identified in 2001 (supra paras.
192 to 195).
291. The Court notes that, in January 2012, the Superior Court of Bogota indicated that, in
the course of this procedure, it was unaware of whether “any tests” had been performed on
30 of the remains exhumed from the mass grave. 452 However, it should be noted that,
following this, in March 2012, Dr. Yolanda González López, expert witness of the Genetics
Laboratory of the Prosecutor’s Office, testified during the criminal proceedings against the
members of the B-2 of the 13th Brigade (supra para. 190) and stated that DNA tests had
been performed on the 90 adult bodies exhumed, and no results had been obtained on five
of them, 453 while the remainder were excluded as belonging to the presumed disappeared
victims, with the exception of Norma Constanza Esquerra and Irma Franco Pineda regarding
whom no tests had been carried out. 454
292. This Court also has a certification that, in July 2012, testing was carried out on the
remains of three of the five skeletons from which no results had been obtained (supra para.
451
Cf. Note from the Institute of Forensic Medicine of December 17, 1985 (evidence file, folio 37920)
452
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23046). Similarly, in
October 2014, another chamber of the same court indicated that the tests on the exhumed remains had been carried
out on a “sample of 28 corpses with signs of carbonization,” so that “tests were pending and information needed to be
verified in order to be able to affirm […] that the other victims […] were not among the existing human remains.”
However, this chamber clarified that this information was based on the available evidence when the first instance
judgment was delivered in April 2011, and that although it was aware, through the newspapers, “that the Institute of
Forensic Medicine [was] continuing to verify the remains to determine whether any of the eleven disappeared are
among those found in the mass grave of the South Cemetery, […] that information [was] not available to [the]
proceedings.” Cf. Judgment of the Superior Court of Bogota of October 24, 2014 (evidence file, folios 38283 and
38376).
453
According to the testimony of Yolanda González López, the DNA of the remains sent to the Genetics Laboratory
of corpses numbered 16, 18, 56, 58 and 85 was significantly tainted and the identification department forwarded them
other parts of the said corpses in order to carry out the pertinent genetic tests. Cf. Testimony of Yolanda González,
expert witness of the Genetics Laboratory of the Attorney General’s office, of March 15, 2012, before the 55th Special
Criminal Circuit Court of Bogota (evidence file, folio 14823).
454
Regarding Irma Franco Pineda, the expert witness explained that there were two reports in the files “which
indicate that the samples from [two family members of Irma Franco Pineda] have been processed.” However, “there is
no result of the testing procedure.” Cf. Testimony of Yolanda González López of March 15, 2012, before the 55th
Criminal Court (evidence file, folios 14823, 14824, 14829 and 14830).
103
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos