they maintained any telephone or written communication with the kidnappers, making it impossible to monitor the corresponding calls.157 100. On October 21, 1994, the DAS reported that based on the enquiries made, it was established that those apparently responsible for the events were members of a "private justice" group operating in the region [...].158 On October 19, 1994, after establishing that the events were linked to a kidnapping, Prosecutor 28 of the Anti-Extortion and Kidnapping Unit of Valledupar ordered the referral of the proceedings to the Regional Prosecutor of that city. For its part, on March 28, 1995, the Prosecutor’s Office of Valledupar decided to refer the investigation to the Regional Prosecutor of Barranquilla, once more.159 101. On August 9, 1995, and investigation was opened against Roberto Prada Gamarra, a member of a paramilitary group,160 for the crime of kidnapping.161 In the order opening proceedings, among other measures, there was a request for "an oral deposition by Commander Sánchez, a commander of the St. Martin PONAL on the exhumation of Manuel Guillermo Omeara’s body and particularly of St. Martin in order to furnish further details about the members of the group commanded by ROBERTO PRADA".162 Also, the exhumation of the body was ordered for the purpose of determining the existence of the following injuries, apparently inflicted before his death: a) "on the face in order to certify whether he was burned with acid"; b) "to determine whether the toenails had been pulled out"; c) whether "his genitals had been mutilated”.163 102. On August 29, 1995, an arrest warrant was issued against Roberto Prada Gamarra164. The report of the judicial investigator in charge of the case established that: Valuable verifications were undertaken in San Martín - Cesar, and a map will be annexed showing the layout of the block where the PRADA GAMARRA family lives, in particular ROBERTO, JUANCHO and CIRO. The Prada Gamarra family controls all matters relating to armed and self-defense groups in the sector, and it is obvious that Juancho Prada Gamarra’s property is located right behind the counterguerilla platoon assigned to Intelligence Battalion 27 located at Street Thirteen (13). It was established that Mr. JUANCHO PRADA GAMARRA carries a 9 mm Smith pistol with two hanging belt clips, as well as the same walkie-talkie as those used by the Intelligence Battalion located behind his house. In relation to the Group's most important leaders, they are ROBERTO [...] JUANCHO and CIRO [...] every man has a salary [...], and also receives bonuses when performing special jobs such as kidnappings, blackmailings and killings[...].165 157 Report of October 13, 1994 of the Military Forces- National Army UNASE 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. 158 Response of the DAS of October 21, 1994 to Gilma Tatiana Rincón Covelli. Annex to the Petition of April 28, 1995. Cf. 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. State’s brief of August 8, 2014, received on August 11, 2014. Order to open proceedings of August 9, 1995, of the Regional Prosecutor, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 122 – 124. Annex No. 52 to the petitioners’ brief of November 10, 2010. 159 160 State’s brief of August 8, 2014, received on August 11, 2014. to open proceedings of August 9, 1995, of the Regional Prosecutor, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 122 – 124. Annex No. 52 to the petitioners’ brief of November 10, 2010. 161 162 Order 163 Order to open proceedings of August 9, 1995, of the Regional Prosecutor, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 122 – 124. Annex No. 52 to the petitioners’ brief of November 10, 2010. 164 On September 12, 1995, two individuals gave sworn statements. On September 14, 1995, and January 13, 1996, the Technical Investigation Corps reported on the investigative activities undertaken. On February 21, 1996, a judicial inspection was carried out on proceedings relating to events taking place during the same period. On June 11, 1996, an arrest warrant was issued for an individual. On July 14, 1996, and September 15, 1997, the Technical Investigation Corps reported on its investigative activities. Information presented by the State in its brief of July 13, 2012 not contested by the petitioners. 165 Report No. 0775-UNPJ-GDH of December 26, 1995 of the National Prosecutor’s Office –Technical Investigation Corps National Department– National Judicial Police Unit, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 383 - 387. Annex No. 48 to the petitioners’ brief of November 10, 2010. 27