Cavalry School, the Superior Court of Bogota rejected the identifications made on the basis of this video, considering that they did not prove that the presumed victims left the Palace of Justice alive. The Court verified that this video does not contain images of the exit of the hostages from the Palace of Justice on November 6 and 7, 1985, but rather interviews with family members and images of drawings of the presumed victims. Therefore, the Court considers that any identification made on the basis of this video only proves that the person who made the identification knew the presumed victim and could recognize him or her in other videos which did record the exit of hostages from the Palace of Justice. 416 Consequently, the identifications made based on this video do not constitute evidence that any of the presumed victims in this case left the Palace of Justice alive and, thus, the Court will not take them into account to that end. 276. The Court will now describe the identifications made of each presumed victim, if applicable, and the corresponding considerations of the domestic courts. 277. Cristina del Pilar Guarín Cortés was identified in nine videos and two photographs showing the exit of hostages from the Palace of Justice by members of her family, specifically her parents and brother, as well as by relatives of other persons presumably disappeared, during the procedures carried out in 1987, 1988, 2006 and 2007. 417 In addition, in 1988, another person who was there on the day of the taking of the Palace of Justice, María Nelfi Díaz, testified that she is the person who had been indicated in the videos as Cristina del Pilar Guarín Cortés. 418 The first instance courts that have heard this case have accorded probative value to the identifications made by the next of kin of Cristina del Pilar Guarín Cortés and have used them to prove that she left the Palace of Justice alive. 419 To the contrary, the Superior Court of Bogota, in both the second instance 416 Similarly, the Superior Court of Bogota indicated that “DVD No. 2 collected from the Caracol Television Station does not have probative value, because [it was made] based on portraits prepared from photographs of these persons, not their exit from the Palace of Justice.” Cf. Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23100, 23104, 23116, 23125 and 23176). 417 Specifically, Cristina was identified in videos No. 761 and No. 2 by her parents and by Carlos Augusto Rodríguez Vera’s father in 1987 and 1988, respectively; in videos No. 11 and No. 15 by her parents in 1988; by her brother, René Guarín, in the TVE video, and in the video DVD 01 of the Colombian Film Heritage Foundation in 2006, indicating that it appeared to be his sister. In 2007, in a video handed over by Ana María Bidegain, in Beta video No. 1 obtained during the inspection of the Attorney General’s office, and in the video obtained during the judicial inspection of the residence of the Commander of the Cavalry School. In the latter, also by Cecilia Cabrera in 2007; and in two photographs by her brother in 2006. Cf. Extract from the procedures of December 22, 1987; of January 13, 14 and 15, 1988, in the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23173 and 23174); record of continuation of the procedure of presentation of videocassettes with images of the taking of the Palace of Justice on January 15, 1988, before the 30th Itinerant Criminal Investigation Court (evidence file, folios 30985 and 30986); testimony of René Guarín Cortés of July 26, 2006, before the Prosecution Service (evidence file, folios 28070 and 28072); Testimony of Sandra Beltrán Hernández and René Guarín Cortes of August 16, 2007 (evidence file, folios 1087, 1089 and 1090), and Testimony of Cecilia Cabrera of August 16, 2007 (evidence file, folio 1058). 418 Cf. Extract from the testimony of María Nelfi Díaz of February 5 and 12, 1988, in the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23184 and 23185). In a previous statement, Ms. Díaz had described the way in which she had been evacuated carried on a soldier’s back, which coincides with the images which have been identified as Cristina del Pilar Guarín Cortés and, subsequently, in 2007, she only recognized herself in a video obtained in the residence of the Commander of the Cavalry School, indicating that “it appear[ed] to be [her],” but she did not recognize herself in the TVE video. In 2008, she was again shown the TVE video and did not recognize herself. In addition, when her daughter saw the said video for the second time, she did identify her mother. Cf. Extracts from the testimony of María Nelfi Díaz of December 5, 1985 and of 2007, before the Prosecution Service in the judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folios 23183 and 23186); Testimony of María Nelfi Díaz of November 25, 2008 (evidence file, video, folio 15000), and Testimony of Julio César Valencia Díaz of November 24, 2008 (evidence file, video, folio 15000). 419 Regarding the identifications made by María Nelfi Díaz, the Third Criminal Court indicated that her statement “is not credible because it is contradictory and imprecise,” and also that “when her version is analyzed together with the testimony of her son, Julio Cesar Valencia Díaz, her account becomes even more implausible and, for this reason, this court [has decided to order certified] copies so that an investigation can be conducted 96

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