44
participated in one of these journeys: two brothers and a nephew of the alleged
victim, Antonio Flórez Contreras, the father of the alleged victim, Israel Pundor
Quintero, and a brother of the alleged victim, Ángel María Barrera Sánchez. At the
Cimitarra Battalion, a soldier told them that the 17 tradesmen had passed by, and in
Campo Capote several civilians told them, that the tradesmen had also passed by.
When they were on the way to Puerto Boyacá, several armed civilians, who identified
themselves as members of “self-defense groups” detained them on the road. On
another journey, in which five next of kin of the alleged victims participated, they
were told in Puerto Araujo that the vehicles of the 17 tradesmen had been taken by
soldiers to the Puerto Araujo base. When they went to ask the mayor of Puerto
Boyacá for help, the latter told them that they should ask Henry Pérez, commander
of the “paramilitary” personnel, or the Army Commander. They spoke to Henry
Pérez, who told them that he had not seen anything and threatened that if they did
not leave the region something could happen to them and their families. They
proceeded toward the Bárbula Battalion, but could not reach it because they were
followed, so they went to the Medellín Police. They returned to Ocaña because they
did not obtain any information.39
85(h) About 15 days after the disappearance of the 17 tradesmen, Juan Alberto
Montero Fuentes -brother in law of the alleged victim, Víctor Manuel Ayala Sánchezand José Ferney Fernández Díaz, went to search for those who had disappeared,
traveling on a gray Yamaha 175 cc motorcycle. While they were carrying out this
search, members of the said “paramilitary” group who were operating in the
municipality of Puerto Boyacá detained Mr. Montero and Mr. Fernández, and “the
same happened to them as to the first seventeen (17) disappeared persons” (supra
para. 85(e) and 85(f)).40
85(i) The tradesmen’s merchandise was put on sale in stores belonging to the
leaders of the said “paramilitary” group, located in Puerto Boyacá. In addition, part
of this merchandise was shared out among the members of this group and another
part was given as “presents” to peasants in the region.41
39
Cf. testimony of Salomón Flórez Contreras given before the Court on April 21, 2004; testimonial
statement of Lina Noralba Navarro Flórez made before a public notary on June 12, 2003 (file on merits
and possible reparations and costs, tome II, folios 318 to 320); judgment delivered by the Criminal Court
of the San Gil Specialized Circuit on March 23, 2001; judgment delivered by the Cúcuta Regional Court on
May 28, 1997 (evidence file presented by the State on April 18, 2002, requested on the instructions of the
President of the Court - paragraph 68 of the application - tome I, attachments 3 and 4, folios 1103, 1104,
1105 and 1216); and judgment delivered by the National Court on April 14, 1998 (evidence file presented
by the State on April 18, 2002, requested on the instructions of the President of the Court - paragraph 68
of the application - tome II, attachment 5, folio 1275).
40
Cf. testimony of Sandra Belinda Montero Fuentes given before the Court on April 21, 2004;
judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March 23, 2001; judgment
delivered by the Cúcuta Regional Court on May 28, 1997 (evidence file presented by the State on April
18, 2002, requested on the instructions of the President of the Court - paragraph 68 of the application tome I, attachments 3 and 4, folios 1086, 1105, 1109, 1111 and 1203); judgment delivered by the
National Court on April 14, 1998 (evidence file presented by the State on April 18, 2002, requested on the
instructions of the President of the Court - paragraph 68 of the application - tome II, attachment 5, folios
1288 and 1289); and report of the Administrative Department of Security (DAS) of May 10, 1988 entitled
“Organización de sicarios que opera en el Magdalena Medio” [Organization of hired murderers who
operate in the Magdalena Medio] (file of attachments to the application, tome I, attachment B2, folio
600).
41
Cf. judgment delivered by the Criminal Chamber of the Superior Court of the San Gil Judicial
District on October 19, 2001; judgment delivered by the Criminal Court of the San Gil Specialized Circuit
on March 23, 2001; judgment delivered by the Cúcuta Regional Court on May 28, 1997 (evidence file
presented by the State on April 18, 2002, requested on the instructions of the President of the Court paragraph 68 of the application - tome I, attachments 2, 3 and 4, folios 1042, 1084, 1085, 1123, 1124,