disappeared.” 216 It also established that, in the case of the “employees of the Palace of
Justice cafeteria whose families consider them disappeared, there is insufficient evidence to
establish that they were evacuated from the Palace of Justice and taken to the Casa del
Florero, and this is the same situation for other persons who are listed as disappeared.” 217
The Attorney General’s office also indicated that there was “insufficient evidence, to date, to
bring charges against any member of the Colombian Armed Forces, […] for those presumed
disappeared from the Palace of Justice.” 218
170. Subsequently, in 2001, the Prosecutor General’s Office opened an investigation into
the forced disappearance of Carlos Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés,
Bernardo Beltrán Hernández, Héctor Jaime Beltrán Fuentes, David Suspes Celis, Luz Mary
Portela León and Ana Rosa Castiblanco Torres, at the request of their families. 219
171. On November 5, 2004, the next of kin of the persons disappeared, as the civil party to
the proceedings, asked that “the security forces and members of the security agencies who
directed and participated in the so-called “retaking of the Palace of Justice be summoned for
questioning.’” 220 However, the prosecution considered that the request was not “admissible,
or pertinent,” owing to lack of evidence regarding any specific person. 221
172. On October 5, 2005, the proceedings were taken up again when the investigation was
assigned to the National Human Rights and International Humanitarian Law Unit and orders
were issued to undertake some measures. 222 However, in November that year, the
Prosecutor General’s Office decided “to appoint, specially,” Ángela María Buitrago Ruiz,
Fourth Prosecutor delegated to the Supreme Court of Justice (hereinafter “the Fourth
Prosecutor”), to conduct the criminal investigation up until its conclusion. 223
216
Report evaluating the progress made into those presumed disappeared from the Palace of Justice issued by the
Attorney General’s office on September 15, 1988 (evidence file, folio 31052).
217
The Attorney General’s office was investigating different complaints of disappearance, including the presumed
disappearance of the cafeteria employees: Carlos Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés, David
Suspes Celis, Héctor Jaime Beltrán Fuentes, Bernardo Beltrán Hernández, Gloria Stella Lizarazo Figueroa, Luz Mary
Portela León, Ana Rosa Castiblanco Torres and Norma Constanza Esguerra Forero. Cf. Report evaluating the progress
made into those presumed disappeared from the Palace of Justice issued by the Attorney General’s office on
September 15, 1988 (evidence file, folios 31048 and 31049).
218
Cf. Report evaluating the progress made into those presumed disappeared from the Palace of Justice issued by
the Attorney General’s office on September 15, 1988 (evidence file, folio 31048).
219
In particular, the complaint was filed by Enrique Rodríguez Hernandez, Elsa María Osorio, Bernardo Beltrán
Monroy, Héctor Jaime Beltrán, Raúl Oswaldo Lozano Castiblanco, Carmen Celis de Suspes and María del Pilar
Navarrete. Cf. Judgment of the 51st Criminal Court of the Bogota Circuit of December 15, 2011 (evidence file, folio
20690), and complaint of June 29, 2001, for the disappearance of the employees of the Palace of Justice cafeteria filed
before the Prosecutor General (evidence file, folios 22747 to 22755). On August 22, 2001, orders were issued to “open
the preliminary investigation and collect evidence.” Cf. Decision of the Prosecution Unit delegated to the criminal
judges of the Special National Circuit CTI of August 22, 2001 (evidence file, folio 22745), and Note of the Special
Prosecution Unit delegated to the CTI of August 28, 2003 (evidence file, folio 1769).
220
Decision of the Prosecution Unit delegated to the criminal judges of the Special National Circuit CTI of November
26, 2003 (evidence file, folio 8296), and brief of Héctor Jaime Beltrán, Sebastián Guarín Cortés, César Rodríguez Vera,
Alejandra Rodríguez Cabrera, Sandra Beltrán Hernández and María del Carmen Celis de Suspes addressed to the
Prosecutor General of November 5, 2004 (evidence file, folio 22255).
221
Cf. Decision of the Prosecution Unit delegated to the criminal judges of the Special National Circuit CTI of
December 17, 2004 (evidence file, folio 8418).
222
Cf. Prosecutor General’s office, Decision No. 0-3660 of October 5, 2005 (evidence file, folios 1772 and 1773);
Testimony of Ángela María Buitrago Ruíz during the public hearing on the merits in this case, and Note of the
Prosecutor General’s Office of November 15, 2005 (evidence file, folios 1775 and 1776).
223
Cf. Decision No. 0-3954 of the Prosecutor General’s Office of November 25, 2005 (evidence file, folio 1778), and
decision No. 0-4062 of the Prosecutor General’s Office of November 30, 2005 (evidence file, folio 6972).
58
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