74.
The body was taken to the Central Cemetery of Aguachica. Manuel Guillermo Omeara was
buried the same day. In this regard, Jaime Antonio Omeara Miraval stated that in the cemetery where there
was further identification of the body, there were "the Army, police, DAS and even the UNASE group, and also
present was the aforementioned RAMBO"112 and regarding the corpse of his brother, it was found that:
the body was in quite an advanced state of decomposition and bore signs of torture, I mean
with signs of torture because his nails were missing [...] he appeared to have lost some teeth
[...] they had also tortured his testicles and poured acid on him, we knew that because the
man in charge of the removal of the body told us. He put his head up to the right and his jaw
opened and we saw that several teeth were missing, also the man told us that he did not
have nails[...].113
75.
The Commission notes that the above findings on the injuries to Mr. Guillermo Omeara’s
body were not reflected in the autopsy report.114 On October 22, 1994 an attorney filed a complaint before
the National Prosecutor General's Office, the Ombudsman and the DAS alleging that on September 23, 1994,
Manuel Guillermo Omeara was found "dead with horrific signs of torture. His face was burned by acid, his
toenails had been torn out and there was mutilation of his genitals.”115
76.
The Commission notes that in the case file there are some statements linking members of the
“Prada” family group - paramilitaries operating in the area – with the events. In this regard, the Commission
observes that according to Mr. Héctor Álvarez "he got DANIEL’s version, the driver of a truck" who had
known of the events. According to Mr. Héctor Álvarez, "Daniel" told him that "he had seen a blue Toyota van
with a black cover". He said that that person took him to "where a man PEDRO [...] who was also well aware
of the vehicle and he also said that the vehicle was a blue Toyota truck, black covering". Mr. Héctor Álvarez
told the authorities that
The Toyota van is the one carrying those they say they are paramilitaries, commanded by
Mr. ROBERTO PRADA GAMARRA and one of his brothers called JUANCHO PRADA [...] His
[… continuation]
of Fredy Ramiro Pedraza of July 13, 2010, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office
Bucaramanga, folder No. 11, pp. 95 to 98. Annex No. 4 to the petitioners’ brief of November 10, 2010.
112 Sworn statement of Jaime Antonio Omeara Miraval of August 17, 2010, case file No. 015 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 11. Annex No. 42 to the petitioners’ brief of November 10, 2010.
113 Sworn statement of Jaime Antonio Omeara Miraval of August 17, 2010, case file No. 015 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 11, . Annex No. 42 to the petitioners’ brief of November 10, 2010.
114
The protocol stated that
[…]Presents with a gunshot wound. The upper limbs were found towards the back of the body, bound at the wrist
level
[…]Long dirty nails
[…]Neck: no injuries
Thorax: no injuries
Abdomen: no injuries
External genitalia: male
Extremities: indentations at wrist level
Cranium: conminuted fracture of the parietal and left occipital lobes. Conminuted fracture of the right anterior
cranial cavity.
Spinal Column: no injuries
[…] Spinal fluid: no injuries
CONLUSION:
Cause of death: cerebral laceration
Cause of death: gun shot trauma
Manner of death: violent […]National Institute of Legal Medicine and Forensic Sciences. Local Unit of Aguachica, Autopsy
Protocol. Investigation No. 1012394 of September 23, 1994. Annex to Prosecutor’s Office brief of March 6, 2003.
115
Tatiana Rincón Covelli’s communications with the National Prosecutor’s Office, DAS and Ombudsman of October 22, 1994.
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