46
85(l) At the date of this judgment, more than sixteen years have elapsed since the
facts occurred, and the remains of the 19 alleged victims have not been located and
identified.45
85(m) The competent State authorities did not conduct any activities to seek for or
identify the remains of the 19 alleged victims. However, Jorge Corzo Viviescas,
father of the alleged victim, Reinaldo Corzo Vargas, reported on October 23, 1987, to
the Eighth Criminal Trial Court of the San Gil Judicial District that “the body of
Reinaldo Corzo Vargas had been found in the waters of the Guayabito River.” In
response, the judge in charge merely asked the Police Inspectorate of Puerto Olaya,
Puerto Araujo, Campo Capote and the Municipal Police of Berrío “if the removal of
[Mr.] Corzo Vargas or anyone corresponding to his physical description had been
verified” within their area, and obtained negative replies.46 Also, On July 14, 1989,
the Seventeenth Criminal Trial Court of the Tunja Judicial District did not order any
records to be made of the removal or identification of corpses, but merely requested
those in charge of the Preliminary Investigation Section of the Technical Unit of the
Judicial Police of Puerto Boyacá “to ask whether, in any office of that municipality,
there were records of the removal of the corpses, autopsy results or official death
certificates of the tradesmen who had disappeared,” obtaining negative replies from
the different courts of the First Municipal Police Inspectorate of Puerto Boyacá and
from the magistrate’s office of the Puerto Boyacá Circuit.47
86.
Relationship between the “paramilitary” group and the security forces
86(a) In a number of significant cases, the investigations conducted by the Judiciary
and the Attorney General’s office have demonstrated the active participation of
members of the security forces in the so-called “paramilitary” groups. On different
(helpful evidence presented by the State on May 26, 2004, requested on the instructions of the President
of the Court -paragraph 68 of the application); and 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, attachment 4, folio 1215).
45
Cf. testimony of Salomón Flórez Contreras given before the Court on April 21, 2004; testimony of
Sandra Belinda Montero Fuentes given before the Court on April 21, 2004; judgment delivered by the
Criminal Chamber of the Superior Court of the San Gil Judicial District on October 19, 2001; and
judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March 23, 2001(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 and 3, folios 1065, 1066 and 1100).
46
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for the crimes
of “extortive kidnapping, aggravated homicide,[…]” to the detriment of “Alvaro Lobo Pacheco and 18 other
tradesmen,” file 087-DH (helpful evidence presented by the State on May 26, 2004, requested on the
instructions of the President of the Court - paragraph 68 of the application); and judgment delivered by
the Superior Military Court on March 17, 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 9, folio 1408).
47
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for the crimes
of “extortive kidnapping, aggravated homicide […]” to the detriment of “Alvaro Lobo Pacheco and 18 other
tradesmen,” file 087-DH (helpful evidence presented by the State on May 26, 2004, requested on the
instructions of the President of the Court - paragraph 68 of the application).