trajectory of the shot (from below to above), there are contradictory interpretations as
regards whether it is characteristic of a situation of combat or whether it reveals a situation
of extrajudicial execution. The investigations conducted to date do not provide clear
answers to resolve these inconsistencies. Despite this, the Court finds that, for the effects of
this Judgment, it is not necessary to clarify these disputes in order to determine what
happened to Carlos Horacio Urán Rojas.
B.2.d) Determination of what happened to Carlos Horacio Urán Rojas
355. The Court recalls that the State has acknowledged its international responsibility, by
the omission, for failing to elucidate what happened to Carlos Horacio Urán Rojas, as well as
for “the errors committed in the processing of the scene of the events, and the unjustified
delay in the investigations.” However, it asserted that this acknowledgement “did not imply
its acceptance that the wrongful act of forced disappearance of persons, or an extrajudicial
execution had been committed against this person” (supra para. 21.c.iv).
356. In this regard, the Court notes that Carlos Horacio Urán Rojas was an Auxiliary Justice
of the Council of State and, according to the testimony of his wife, he was a member of the
liberation theology movement, and therefore met with people connected with this
movement. 550 Ms. Bidegain also stated that, at that time, the DAS had summoned her
several time. 551 The State considered that this was not relevant, because “the National
Government at the time was characterized by a policy of ideological openness and, in
general, of respect for human rights.”
357. In this regard, the 51st Court concluded that the security forces considered suspicious
“all those whose attitudes, academic condition, and relations or family connections could
suggest that they sympathized with the guerrilla movement or the actions that the latter
took while carrying out their subversive activities.” 552
358. It should also be borne in mind that the body of Carlos Horacio Urán was found in the
room of the Institute of Forensic Medicine identified as the place where the guerrillas had
been placed. Also, there is a note of the DIJIN listing the names of individuals who
presumably belonged to the M-19 and the names of some justices, including Carlos Horacio
Urán Rojas, have been added by hand. The note gave the order that “a spontaneous
statement should be taken from the persons who [came] forward to claim them regarding
the relationship between the deceased and the claimant, trying to obtain useful
information.” 553 Furthermore, fingerprints were taken from the corpse of Carlos Horacio
Urán Rojas. According to the Truth Commission, “most of the corpses from whom
fingerprints were taken correspond to the guerrillas and, curiously, the only bodies of the
hostages on which this test was performed are those of Carlos Horacio Urán and Luz Stella
Bernal.” Also according to the Truth Commission, the type of bullet injury to the left front of
the skull of Mr. Urán Rojas was also found on the bodies of seven members of the
guerrilla. 554
359. Based on the foregoing, the Court considers that Mr. Urán Rojas may have been
considered suspicious by the State agents. Therefore, it is possible that he was treated as
such and separated from the other hostages; that his exit from the Palace of Justice was
550
Cf. Testimony of Ana María Bidegain during the public hearing on the merits in this case, and Affidavit made by
Pablo Dabezies Anía on May 18, 2012 (evidence file, folio 14699).
551
Cf. Testimony of Ana María Bidegain of February 22, 2007, before the Prosecution Service (evidence file, folio
1292).
552
Judgment of the 51st Criminal Court of the Bogota Circuit of April 28, 2011 (evidence file, folio 24569).
553
Cf. Note of the DIJIN of November 7, 1985 (evidence file folios 6821 and 6822).
554
Cf. Report of the Truth Commission (evidence file, folios 241 and 245).
123
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos