Finally, it was not possible to know with any certainty how the hostages and guerrillas who were on
the fourth floor died, or even the real number of persons there. It is impossible to know who died
before the flames consumed everything, because not one of this group survived. However, the fact
is that most of the bodies were found dismembered, mutilated, apparently by the effects of the
explosions, and almost all of them were carbonized. 116
100. The first survivors left the Palace of Justice in the afternoon of November 6; most of
them by the main doors. However, according to the Truth Commission, other hostages left
by the basement throughout the operation; nevertheless, little documentation exists in this
regard. 117
101. During the taking and retaking of the Palace of Justice, hostages and guerrillas took
refuge in the bathrooms located on the mezzanine floors of the building. One group took
refuge in the bathroom between the third and fourth floors. Another group occupied the
bathroom “located between the first and second floors, but then moved [to the bathroom]
between the second and third [floors].” In total, around 60 hostages and 10 guerrillas took
refuge in the bathroom located between the second and third floors. 118
102. During the morning of November 7, after an emissary had exited the Palace (supra
para. 98), there was an explosion against one of the walls of the bathroom, and this
initiated an intense confrontation between the guerrillas and the security forces. According
to the Truth Commission, the attack “caused an immediate reaction by the guerrillas who
fired their weapons against some hostages who were in the bathroom.” In addition two
guerrillas changed out of their uniforms into civilian clothing, one of whom was Irma Franco
Pineda, a presumed victim in this case (infra para. 111). The survivors “remained [in the
bathroom] until midday on Thursday, November 7.” Initially, the guerrillas did not allow the
hostages to leave. Subsequently, they allowed the women to go, and the leader of the
guerrilla indicated that “[a]ll those who remained w[ould] die.” However, the men who were
wounded were allowed to leave and then the remaining hostages. 119
103. A building near the 20 de Julio Museum, the “Casa del Florero,” was used by the
security forces to coordinate the operation, and also to identify those who came out of the
Palace of Justice. 120 Military intelligence authorities searched, interrogated and identified the
survivors and separated those who it suspected of belonging to the M-19. 121 Subsequently,
most of the survivors “were allowed to go home or were taken to hospitals.” 122 However,
116
Cf. Report of the Truth Commission (evidence file, folio 155).
117
Cf. Report of the Truth Commission (evidence file, folios 130 and 165).
118
Cf. Report of the Truth Commission (evidence file, folios 155, 156 and 162); Report of the Special Investigative
Court (evidence file, folio 30524), and Testimony of Magalis María Arevalo Mejía of November 29, 1985 (evidence file,
folio 15250), and 2011 documentary entitled “La Toma,” directed by Angus Gibson and Miguel Salazar (interviews with
justices who were in the bathroom) (evidence file, folio 3552).
119
Cf. Report of the Truth Commission (evidence file, folios 155, 156, 163, 164 and 165); Report of the Special
Investigative Court (evidence file, folios 30526 and 30527); Testimony of Samuel Buitrago Hurtado of November 21,
1985, before the 27th Criminal Investigation Judge (evidence file, folio 30622), and Judgment of the Second Criminal
Court of the Bogota Special Circuit of April 2, 2013 (evidence file, folios 35097 and 35098). See also, Testimony of
Jaime Castro during the public hearing on the merits in this case.
120
Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23349); Testimony of
Sergeant second-class Fredy Benavides Mantilla of May 22, 1989, before the Special Attorney assigned to the Military
Forces (evidence file, folio 14526), and Testimony of Luis Eduardo Suárez Parra before the Prosecution Service of June
21, 2007 (evidence file, folio 14957).
121
Cf. Testimony of Fredy Benavides Mantilla of May 22, 1989, before the Special Attorney assigned to the Military
Forces (evidence file, folio 14526); Report of the Truth Commission (evidence file, folio 175); Testimony of Ángela
María Buitrago Ruíz during the public hearing on the merits in this case; Judgment of the Superior Court of Bogota of
January 30, 2012 (evidence file, folios 23349 and 23350), and Testimony of Julia Alba Navarrete Mosquera before the
Prosecution Service of July 5, 2006 (evidence file, folios 14771, 14774 and 14778).
122
Cf. Report of the Truth Commission (evidence file, folio 175).
38
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