306. Nevertheless, in the specific cases of Norma Constanza Esguerra Forero and Ana Rosa Castiblanco Torres there are indications that cause the Court to differ from this conclusion and that point to their death inside the Palace of Justice during the taking and retaking of the Palace. The Court will now describe and analyze these specific cases. A.3.a) Norma Constanza Esguerra Forero 307. In 1986 the Special Court affirmed that “Norma Constanza Esguerra’s belongings, which have been identified by her family, were found next to a charred body removed from the fourth floor.” 474 Subsequently, on January 12, 1988, the 30th Criminal Investigation Court carried out a procedure to identify the objects found in the Palace of Justice, during which Norma Constanza Esguerra Forero’s mother recognized her daughter’s necklace and bracelet that were in a bag marked “Record No. 1171.” 475 In this regard, that court verified that, according to the record of the removal of the body and the autopsy report corresponding to this body, it was “a charred corpse of an unidentified woman.” However, the body was returned to the next of kin of Justice Pedro Elías Serrano. 476 308. Record No. 1171/36 of the removal of a body indicates that the corpse was found “totally incinerated,” with the head separated from the rest of the body and that “next to it was a metallic bracelet, part of the frame of a pair of glasses [and] several pieces of a necklace.” 477 It also indicated that the corpse was found on the fourth floor of the Palace of Justice. 478 In addition, autopsy report No. 3805/85, corresponding to this corpse, concluded that it was the “charred body of a woman whose cause of death could not be determined in the autopsy,” and that “all that was left was the pelvis and the upper part of the femurs” and “no pregnancy [was noted] in the uterus.” 479 309. It was Ciria Mercy Mendez de Trujillo, a friend of Justice Pedro Elías Serrano Abadía, who identified his corpse on November 8, 1985, in the Institute of Forensic Medicine. According to her statement, she recognized the Justice’s Citizen watch as well as a “piece of red and black lacquered material,” corresponding to a pen, so that “she had immediate moral certainty that it was the corpse of Pedro Elías Serrano and indicate[d] this.” She explained that this corpse was marked with an “F” which meant that it was a female corpse; however, after examining the corpse it had been concluded that “the sex [of this corpse] could not be established; that the ‘F’ was not conclusive.” 480 Thus, in the ledger recording the returns of the bodies, “it [was] clarified in the column with observations on this identification that the removal record indicated that the corpse was female, but it was male.” 481 196, para. 97, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No. 275, para. 356. 474 Cf. Report of the Special Investigative Court (evidence file, folio 30541). 475 Cf. Procedure presenting photographs, clothes, objects and documents of corpse of those who died during the events [of the Palace of Justice] (evidence file, folio 30875), and expansion of the testimony of Elvira Forero de Esguerra of February 17, 1988, before the 30th Criminal Investigation Court (evidence file, folios 30286 and 30287). 476 Cf. Procedure to present photographs, clothes, objects and documents of corpse of those who died during the events [of the Palace of Justice] (evidence file, folio 30875). Also an album with the photographs taken when the corpse was removed indicating that it was an “unknown person, apparently a woman.” Cf. Album 21 (evidence file, folio 17951). 477 Cf. Record of removal of corpse No. 1171/36 (evidence file, folio 17889). 478 Cf. Autopsy list (evidence file, folio 22839). 479 Cf. Autopsy report No. 3805/85 of November 8, 1985 (evidence file, folios 30963 and 30964). 480 Cf. Testimony of Ciria Mercy Mendez de Trujillo of May 11, 1988, before the 30th Itinerant Criminal Investigation Court (evidence file, folios 30854 and 30855). 481 Cf. Procedure presenting photographs, clothes, objects and documents of corpse of those who died during the 109

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