19
that they would fit in some holes that Einer had dug, and later they informed Captain
Forero-Quintero that they had buried them; that the capture of Caballero-Delgado
and María del Carmen Santana was not at the house of a peasant woman but rather
in a bus, after Sergeant Vanegas informed them that he had talked with him; that
the reason that the peasants say that they captured him there may have been
because Vanegas accompanied Caballero-Delgado almost to the highway; that the
capture in the bus took place between 6:30 and 7:00 pm; that he asked Segundo
about the instructions that Captain Forero had given him, and he answered that they
were to kill and disappear the detainees; that he does not know who the third
detainee was, but that he is buried with Caballero-Delgado and María del Carmen
Santana; that he did not witness the death of the detainees because he was on
guard about thirty meters away and only heard the shots, and that the third
detainee was killed with a knife; that he can make a sketch of the place of the burial,
but that Einer Pinzón is the one who knows the exact place; that the valuables and
papers of the detained were given to Captain García-García; that this is the first time
that he has testified in a complete form; and that he wants to be given a fair hearing
and security for his life and his family. A rough sketch made and signed by the
witness is attached to the statement.
51.
The Government also submitted the record of the investigations conducted on
the Riverandia Farm on March 11, 1995 by the Criminal Department of the Technical
Corps of the National Office of the General Prosecutor of Bucaramanga. According to
this investigatory record a probable area was selected where, according to an
unnamed witness, the remains of two disappeared persons might be buried; they
made four excavations without finding human remains, and observed that the
ground was uniformly compact with no sign of disturbance in many years. The
attempt was concluded after measuring the area and photographing it. Then, on two
later occasions, the Government reported two more unsuccessful attempts to locate
these remains.
52.
In the deposition taken by the Colombian Jurist Gabriel Burgos-Mantilla,
commissioned by this Court, and in which the Delegate of the Inter-American
Commission, its Attorneys, and the Government representatives participated (supra
para. 21), Gonzalo Arias-Alturo gave a different version of the details about the
murder of Isidro Caballero-Delgado and María del Carmen Santana.
53.
The Court will now specify the relevant facts that it considers proved:
a.
That the Municipality of San Alberto (El Cesar), the place where the
events under consideration occurred, was at that time a zone of intense
army, paramilitary and guerrilla activity (specifically the testimony of Gonzalo
Arias-Alturo, Carlos Julio Parra-Ramírez, Elizabeth Monsalve-Camacho,
Armando Sarmiento-Mantilla, and Juan Salcedo-Lora).
b.
Notwithstanding the fact that much of the testimony rendered before
this Tribunal, both at the public hearing and in Colombia, and in the domestic
proceedings conducted in that country differs as to details about the place
and the hour of detention, there exists sufficient evidence to infer the
reasonable conclusion that the detention and the disappearance of Isidro
Caballero-Delgado and María del Carmen Santana were carried out by
persons who belonged to the Colombian Army and by several civilians who
collaborated with them (testimony of Rosa Delia Valderrama, the minor
Sobeida Quintero, Elida González-Vergel, Javier Páez, and the declarations of