96.
The information available indicates that this investigation has failed to identify the possible
perpetrators or masterminds of the crime.
b.
Criminal Investigation No. 15 relating to Manuel Guillermo Omeara
i)
The Regular Criminal Courts
97.
On August 28, 1994, Fabiola Álvarez Solano filed a complaint with the UNASE on the
kidnapping of her husband.149 On September 6, 1994, a pre-trial investigation was initiated before the
Regional Prosecutor of Barranquilla.150
98.
On September 6 and 7, 1994, Héctor Álvarez Sánchez151 and Fabiola Álvarez Solano152
rendered their respective sworn statements. On September 8, 1994, a search was carried out at the farms of
St. Martin to locate the victim.153 On September 20, "the proceedings were referred to the regional prosecutor
of Aguachica, on the grounds that it was a simple kidnapping and not a terrorist kidnapping .”154
99.
On September 22, 1994, the DAS reported an anonymous call about the location of the
victim’s body.155 On September 23, 1994, the body of Manuel Guillermo Omeara was exhumed.156 On October
13, 1994, UNASE reported that:
the possible kidnappers were alleged illegal rebel groups, among which is Front 24 of the FARC,
commanded by Humberto Muñoz alias 'Tomás' [...] the family concerned declared that at no time had
[… continuation]
some requests for evidence filed by the partie civile were granted and others denied. On February 3, 2011, a working mission of the
Technical Investigation Corps was undertaken. On February 17, 2011, the Technical Investigation Corps’ report was issued. On February
21, 2011, a working mission of the Technical Investigation Corps was commissioned to carry out a judicial inspection and to gather
testimonies. On March 28, 2011, a working mission of the Technical Investigation Corps was commissioned to locate and cite various
individuals for sworn statements. On April 19, 2011, an order to take evidence was issued. On April 20, May 10, and June 7, the
Technical Investigation Corps’ reports were issued. On July 28, 2011, a judicial inspection of the investigation headed by the Prosecutor’s
Office in Aguachica was carried out. On August 22, 2011, an expert’s report of the INMLCF of Bucaramanga and a forensic psychiatry
evaluation of Carmen Teresa Omeara Miraval were issued. On September 23, 2011, an order to take evidence was issued. On October 10,
2011, the Technical Investigation Corps’ report was issued and on February 2, 2012, a judicial police commission was sent to Aguachica,
to gather testimony from an eyewitness. Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
State’s brief of August 8, 2014, received on August 11, 2014.
Complaint of Fabiola Álvarez Solano before the UNASE for the kidnapping of Manuel Guillermo Omeara Miraval on August
28, 1994, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, p. 86. Annex No.
45 to the petitioners’ brief of November 10, 2010. Report of October 13, 1994 of the Military Forces- National Army UNASE Group
Aguachica BR5, case file No.015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, p. 99. Annex
No. 57 to the petitioners’ brief of November 10, 2010.
148
149
State’s brief of August 8, 2014, received on August 11, 2014.
Sworn statement of Héctor Álvarez Sánchez of September 6, 1994, case file No. 015 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 11 – 13. Annex No. 44 to the petitioners’ brief of November 10, 2010.
150
151
152 Sworn statement of Fabiola Álvarez Solano of September 7, 1994, case file No. 015 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 17 – 19. Annex No. 47 to the petitioners’ brief of November 10, 2010.
153
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
State’s brief of August 8, 2014, received on August 11, 2014.
Report No. 065 of September 22, 1994 of the DAS-Santander Administration-Operational Section Aguachica, case file No.
015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, p. 34. Annex No. 49 to the petitioners’
brief of November 10, 2010.
154
155
156 Record of exhumation of the body of September 23, 1994, case file No. 015 National Human Rights Unit - National
Prosecutor’s Office Bucaramanga, folder No. 1, pp. 41 and 42. Annex No. 50 to the petitioners’ brief of November 10, 2010. Report No.
066 of September 23, 1994, additional to Report 065 of the DAS - Santander Administration-Operational Section Aguachica, case file 008152218 of the National Procurator’s Office- Human Rights section, folder of Annexes No 1, pp. 1 and 2. Annex No. 51 to the petitioners’
brief of November 10, 2010.
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