218. Several of these decisions also took into account the alteration of the scene of the
crime when sentencing the State, referring to the irregularities in the “removal of the
corpses, their identification and burial, the handling of those retained and the control of
each of them, owing to an erratic and unlawful procedure, [which] went a long way towards
preventing precise conclusions to be reached about the way in which many of the victims
died, their location, and identification.” 311 Regarding Ana Rosa Castiblanco Torres, the
decision of the Contentious-Administrative Court stressed that, as a result of the errors
committed by the State when carrying out the removal of the corpses, her identification and
burial, “she was considered disappeared and it was only after an intense search, [16] years
later, that her moral remains were found.” 312
219. The Court notes that the contentious-administrative jurisdiction awarded
compensation for “loss of earnings” to 20 family members of seven presumed victims
(infra para. 592). In addition, this jurisdiction awarded compensation for non-pecuniary
damage to 36 family members of 11 presumed victims of forced disappearance. 313 Details
of the next of kin who received compensation and the amounts received are provided in
the chapter on reparations of this Judgment (infra paras. 592 and 601).
IX
FORCED DISAPPEARANCE OF PERSONS
RIGHTS TO PERSONAL LIBERTY, PHYSICAL INTEGRITY, LIFE AND
RECOGNITION OF JURIDICAL PERSONALITY, IN RELATION TO THE
OBLIGATION TO RESPECT RIGHTS
220. The Court recalls that, in this case, it is alleged that State agents forcibly disappeared
11 persons, including cafeteria employees and occasional visitors who survived the events
of the taking and retaking of the Palace of Justice, one member of the M-19 guerrilla (Irma
Franco Pineda), and one Auxiliary Justice of the Council of State (Carlos Horacio Urán Rojas)
who was also subjected to extrajudicial execution.
221. In this chapter the Court will examine: (a) the presumed forced disappearance of
Carlos Augusto Rodríguez Vera, Irma Franco Pineda, Cristina del Pilar Guarín Cortés, Gloria
Anzola de Lanao, Norma Constanza Esguerra Forero, Bernardo Beltrán Hernández, Héctor
Jaime Beltrán Fuentes, Gloria Stella Lizarazo Figueroa, Luz Mary Portela León, David Suspes
Celis, Lucy Amparo Oviedo Bonilla and Ana Rosa Castiblanco Torres, and (b) the presumed
forced disappearance and alleged extrajudicial execution of Carlos Horacio Urán Rojas.
A.
Regarding the presumed forced disappearance of Carlos Augusto
Rodríguez Vera, Irma Franco Pineda, Cristina del Pilar Guarín Cortés,
Gloria Anzola de Lanao, Norma Constanza Esguerra Forero, Bernardo
Beltrán Hernández, Héctor Jaime Beltrán Fuentes, Gloria Stella Lizarazo
Figueroa, Luz Mary Portela León, David Suspes Celis, Lucy Amparo Oviedo
Bonilla and Ana Rosa Castiblanco Torres
A.1) General arguments of the Commission and of the parties
(evidence file, folio 3258).
311
Judgment of the Contentious-Administrative Chamber of the Council of State of December 6, 1995 (evidence file,
folios 3085, 3086, 3088 and 3089). See also, judgments of the Contentious-Administrative Chamber of the Council of
State of October 13, 1994 (evidence file, folio 2942), and October 13, 1994 (evidence file, folios 3235 and 3236).
312
Cf. Judgment of the Administrative Court of Cundinamarca of December 12, 2007 (evidence file, folios 3027,
3028 and 3046).
313
In the case submitted to the Court, 98 persons were identified as next of kin of the presumed victims of forced
disappearance.
73
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