the Palace of Justice”. It stressed that the fact that her remains were not returned until
2001 was due “to the unjustified delay in the investigations.”
A.2) General considerations of the Court
225. Owing to the State’s acknowledgement of responsibility in relation to Carlos Augusto
Rodríguez Vera and Irma Franco Pineda, there is no dispute between the parties concerning
the forced disappearance of these persons. In addition, the State acknowledged its
responsibility by omission for failing to elucidate the events and to discover the
whereabouts of the other presumed victims, which it attributed to the errors committed in
the processing of the scene of the events and in the identification of the mortal remains, as
well as to the unjustified delay in the investigations. Consequently, the State acknowledged
that the whereabouts of the presumed disappeared victims remains unknown, with the
exception of Ana Rosa Castiblanco Torres. However, it expressly clarified that this
acknowledgement “does not imply accepting that the wrongful act of forced disappearance
of persons occurred with regard to these nine victims” (supra para. 21.b.ii).
226. In this regard, the Court recalls that the disappearance of a person, because their
whereabouts are unknown, is not the same as an enforced disappearance. 314 The enforced
disappearance of persons is a violation of human rights composed of three concurring
elements: (a) the deprivation of liberty; (b) the direct intervention of State agents or their
acquiescence, and (c) the refusal to acknowledge the detention and to reveal the fate or the
whereabouts of the person concerned. 315 In this case, there is no dispute that the
presumed disappeared victims were in the Palace of Justice and, with the exception of Ana
Rosa Castiblanco Torres, following the taking and retaking of the building, their
whereabouts remain unknown so that they are disappeared according to the general
meaning of the word. This Court must determine whether this physical disappearance of
the presumed victims was also due to an enforced disappearance, because they left the
Palace of Justice alive in the custody of State agents who continue to deny their
detention, following which their fate is unknown.
227. Based on the foregoing, the Court will determine what happened to Cristina del Pilar
Guarín Cortés, David Suspes Celis, Bernardo Beltrán Hernández, Héctor Jaime Beltrán
Fuentes, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, Norma Constanza Esguerra
Forero, Lucy Amparo Oviedo Bonilla, Gloria Anzola de Lanao and Ana Rosa Castiblanco
Torres. Once it has established the facts in relation to each of them, it will analyze, as
pertinent, the alleged violations of the rights to recognition of juridical personality, 316 life, 317
314
The Superior Court of Bogota indicated that the fact that a person is disappeared “signifies that there is no news
of them, even though there is evidence, and it is accepted, that he or she was alive in the Palace when the assault by
the subversives began. They could have died there and their corpse was not identified, even if it was in a recognizable
condition; perhaps they were not identified because this was not possible owing to the degradation caused by the fire,
or by error or improper handling of the remains; they could even have left the building alive and their exit was not
registered. Simply, nothing is known about them, except that they were alive in that place at the onset.” Cf. Judgment
of the Superior Court of Bogota of October 24, 2014 (evidence file, folio 38278). See also: Commission on Human
Rights, Report submitted by Mr. Manfred Nowak, expert member of the Working Group on Enforced or Involuntary
Disappearances, 4 March 1996, E/CN.4/1996/36, para. 83, and International Committee of the Red Cross (ICRC),
Guiding
Principles,
Model
Law
on
the
Missing,
article
2.
Available
at
https://www.icrc.org/eng/resources/documents/misc/missing-model-law-010907.htm.
315
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs. Judgment of November 22, 2005. Series C
No. 136, para. 97, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 26, 2013. Series C No. 274, para. 113.
316
Article 3 of the American Convention establishes that: “[e]very person has the right to recognition as a person
before the law.”
317
Article 4(1) of the American Convention establishes that: “[e]very person has the right to have his life
respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be
arbitrarily deprived of his life.”
75
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos