the failure to clarify the facts definitively is an additional indication of what happened to the
presumed victims.
A.3) Determination that enforced disappearance occurred
303. Based on all the above considerations, the Court concludes that a modus operandi
existed aimed at the enforced disappearance of persons suspected of having participated in
the taking of the Palace of Justice or of collaborating with the M-19. The suspects were
separated from the other hostages, taken to military facilities, tortured in some cases, and
their subsequent whereabouts is unknown. Among the places where the suspects were taken
are the Cavalry School and the Charry Solano Battalion. 472 In this regard, it is relevant to
underscore that there is no dispute that Carlos Augusto Rodríguez Vera and Irma Franco
Pineda were separated from the other survivors, taken to a military establishment, tortured
and disappeared. Regarding the other presumed disappeared victims, the evidence in the
case file reveals that the State authorities suspected them of collaborating in the taking of
the Palace of Justice, and that, in addition to Carlos Augusto Rodríguez Vera and Irma Franco
Pineda, several other individuals considered suspicious were victims of the same modus
operandi, which provides an additional indication of what probably happened to the other
presumed victims, because any of them could have been victims of this. Also, there is no
dispute that, under the orders of military officers, the authorities significantly altered the
crime scene and committed numerous irregularities in the removal of the corpses.
304. In addition, regarding the presumed victims in this case, the following indications have
been established: (i) several of the next of kin of the disappeared victims heard or received
information during or after the events indicating that their family members had survived the
events of the Palace of Justice and were detained in military garrisons; (ii) despite this, the
security forces denied the presence of the detainees in military garrisons to the next of kin;
(iii) most of the disappeared victims have been identified, with different degrees of certainty,
by family members or acquaintances in videos or photographs of the departure of hostages
from the Palace of Justice; (iv) the next of kin of six of the presumed disappeared victims
and at least one witness have testified that they have received threats to make them stop
the search for their loved ones, and (v) to this day, the State has not elucidated the facts
definitively or offered a satisfactory explanation in response to all the indications that have
arisen pointing to the enforced disappearance of the victims. To the contrary, even though it
has been the State’s hypothesis since 1986, no evidence has emerged that the victims died
in the Palace of Justice, except for Norma Constanza Esguerra Forero and Ana Rosa
Castiblanco Torres, whose specific cases will be examined below. The Court emphasizes that
some of these indications, such as the alteration of the scene of the crime, the initial refusal
of the authorities to acknowledge the detention and their subsequent partial
acknowledgement, the failure to register those detained, as well as the possible threats
received by the next of kin, are evidence of the concealment of what happened and have
prevented the elucidation of the truth, which accords with the refusal of information that
constitutes a characteristic and essential element of an enforced disappearance.
305. Consequently, the Court considers that all the indications that have emerged since the
time of the events are consistent and lead to the sole conclusion that Cristina del Pilar
Guarín Cortés, David Suspes Celis, Bernardo Beltrán Hernández, Héctor Jaime Beltrán
Fuentes, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, Lucy Amparo Oviedo Bonilla
and Gloria Anzola de Lanao were forcibly disappeared. To conclude otherwise would mean
allowing the State to shield itself behind the negligence and ineffectiveness of the criminal
investigation to evade its international responsibility. 473
472
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23387 and 23404).
473
Cf. Case of Kawas Fernández v. Honduras. Merits, reparations and costs. Judgment of April 3, 2009. Series C No.
108
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