91.
On January 29, 1999, the Aguachica local unit of the Technical Investigation Corps was
commissioned to take evidence. On November 14, 2001, the Human Rights Group of the DAS was charged
with locating eyewitnesses and determining whether at the date the events took place, UNASE existed in
Aguachica, among other measures.139 On April 8, 2002, new testimony was ordered, including the
determination of whether Noel Emiro Omeara’s death was caused by the injuries he received on January 28,
1994. Subsequently, an inspection of the National Headquarters of UNASE was ordered.140
92.
On May 8, 2002, an inspection of investigation No.15 underway at the National Unit of
Human Rights in Bogota was ordered, into Manuel Guillermo Omeara Miraval’s death against Roberto Prada
Gamarra and Major Jorge Alberto Lázaro Vergel. On August 12, 2002, Report No. 234 of the DIJIN was issued,
which contained information on the members of the UNASE and on the paramilitary group called "Los
Macetos”. 141
93.
On April 23, 2003, January 9 and March 8, 2004, an order to take evidence was issued. In
March 2004, the Institute of Legal Medicine and Forensic Sciences issued opinion No. 017-2004 142 where the
State infers "a causal link between the injury suffered by Noel Emiro Omeara and his death, since patients
with spinal cord trauma have multiple late complications." 143 On May 5, September 10, 2004, October 5,
2005 and February 22, 2006, an order to take evidence was issued. On May 4, 2006, the investigation was
assigned to the 44th Specialized Prosecutor of the National Human Rights Unit. 144
94.
On November 9, 2007 the abovementioned Prosecutor started its investigation and issued
an order to take evidence. On February 19, 2008, a judicial inspection was carried out at the Municipal
Ombudsman’s Office in Aguachica. On March 19, 2009 and July 26, 2010, an order to take evidence was
issued and a field mission of the Technical Investigation Corps was undertaken.145 On April 13, 2010, a
judicial inspection of the National Army Personnel Files was carried out. The former head of SIJIN Judicial
Unit of Cesar South based in Aguachica, Pedro Alirio Ibáñez Castro, testified regarding the failure to include
Noel Emiro Omeara Miraval at the beginning of the investigation, noting that he did not know why the victim
had not been included. 146
95.
During 2010, a number of steps were taken in the investigation.147 On April 21, 2014, the
First Delegate Prosecutor to the High Court of Bucaramanga described the crime as "a crime against
humanity".148
139 On December 19, 2001 the sworn statements of four individuals were received. On December 27, 2001 the DAS presented
its Report. Information presented by the State in its brief of July 13, 2012, not contested by the petitioners.
140
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
141
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
142
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
143
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
144
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
145
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
In this regard he said: "we arrived at the scene; there were very few people in the place, among them a person who worked
in the kitchen; I think they took a version of the events from her. QUESTION. Report the reasons why in this Report the competent
authorities were not informed of the injuries suffered by Mr. Noel Omeara CARRASCAL[...] REPLY. As it was an order given to all agents to
take all necessary procedural steps to clarify these events, I do not know why Mr. BERNAL had no knowledge of the other injured person.
Sworn statement of Pedro Alirio Ibáñez Castro of April 13, 2010, case file No. 397 of the National Human Rights Unit - National
Prosecutor’s Office Bucaramanga, folder No. 4, pp. 103 – 107. Annex No. 60 to the petitioners’ brief of November 10, 2010.
146
147 On May 5, and August 6, 2010, an order to take evidence was issued. Subsequently, the Technical Investigation Corps –
National Human Rights Unit took charge. On August 12, 2010, a working mission was undertaken and the Technical Investigation Corps’
report was issued. On September 2, 2010, an order to take evidence was issued. The request for evidence put forward by partie civile
was accepted. On September 13, 2010, the 66th Special Prosecutor of the National Human Rights Unit of Bucaramanga undertook a new
judicial inspection of Proceeding No.15 (Manuel Guillermo Omeara). On September 14, 2010, the 22nd Special Prosecutor of the National
Human Rights Unit of Bogota undertook a judicial inspection of Proceeding No. 1663 (Héctor Álvarez Sánchez). On November 2, 2010,
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