386. In particular, as regards Orlando Quijano, the Superior Court of Bogota indicated that
he was taken to the second floor of the Casa del Florero, as was Orlando Arrechea, and
transferred to the Cavalry School, without any official record in this regard. It also found
that he was considered suspicious and that he was “subjected to cruel, inhuman or
degrading treatment or torture.” 589 In addition, the Council of State has emphasized the
following when examining the situation of the persons disappeared:
[The situation] is aggravated even further if we examine the way in which the situation was handled
of those persons who, with or without reason, were retained by the Military and the Police Forces.
Without any structure, without any order of any kind, these persons went different ways: either they
were released immediately, or they were taken to the Military Institutes Brigade, or they were taken
to the facilities of the National Police, or to the Municipality, creating an enormous confusion among
those who were retained because they were impotent spectators. There is no record in this regard;
no records were drawn up to be able to tell where they were taken, before which authority, and
what the fate of each person was. It would appear that the simple whims of anonymous civil or
military officials had priority to decide the situation of those who were retained. In these conditions,
owing to the disorganization of the authorities who were aware of what was happening, later on it
was impossible to establish the whereabouts of so many individuals who today are considered
disappeared. In truth, the testimonies of Eduardo Matson Ospino and Yolanda E. Santodomingo,
among others, reveal sufficiently the ignominious treatment meted out to them by the soldiers after
they left the Palace cafeteria, on the pretext of investigating what had happened. These procedures,
which were unlawful and questionable procedures in light not only of our own legal and
constitutional system, but also in light of international norms, signify, without any doubt, a servicerelated failure on the part of the Military Forces. 590
387. Lastly, the Truth Commission included in its report that Orlando Quijano had been
taken to the Casa del Florero where “he had to remain with his hands on his head
answering the questions of several soldiers, based on the supposition that they were
guerrillas.” He was then “taken to the facilities of the 13th Brigade in the North Canton, were
his personal details were taken and he was interrogated again”; he indicated that he was
kept in a dark room for several hours, following which he was transferred to near the Patria
Theatre where “the National Police, […] on the pretext that he did not have his identity
documents, transferred him to the Sixth Police Station of Bogota until midday on November
8. 591
388. Regarding José Vicente Rubiano Galvis, the Superior Court of Bogota considered that
“the existence of criminal acts attributed to members of the State security agencies (in their
capacity as an organized power structure) [has been] proved, and these include practices
that disregarded the standards that should apply in internal armed conflicts and in war, with
the above-named resulting victims based on a first instance judgment,” including José
Vicente Rubiano, “who was captured by soldiers, taken to military facilities (including the
Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24467), and Report of
the Truth Commission (evidence file, folios 172 to 182)
589
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23322, 23323, 23354,
23363 and 23383). Similarly, Ángela María Buitrago stated that “there were two large groups; the evidence
established two situations in particular: first, that some hostages left the Palace on the first day (November 6, 1985),
starting at 2.30 p.m., and then a second group left on November 7, 1985. [Among those who exited] on November 6,
are cases such as that of Orlando Quijano, […] who was inside the Palace of Justice […] and [was] taken to the Casa
del Florero; [he was] subjected to unorthodox procedures.” However, “the official report [indicates that they were]
captured in a demonstration in front of the Palace of Justice.” She also stressed that, based on the available
information regarding when Orlando Quijano left the Palace, she concluded that “he was sent to the 13th Brigade at the
Cavalry School and there was no record of his transfer.” Testimony of Ángela María Buitrago during the public hearing
on the merits in this case.
590
See, inter alia, Judgment of the Contentious-Administrative Chamber of the Council of State, in the proceedings
instituted by Bernardo Beltrán Monroy, of October 13, 1994 (evidence file, folios 2943 and 2944), and Judgment of
the Contentious-Administrative Chamber of the Council of State, in the proceedings instituted by José María Guarín
Ortiz, of October 13, 1994 (evidence file, folios 3236 to 3237).
591
Report of the Truth Commission (evidence file, folios 180, 181 and 182).
134
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