investigation. 175 According to the petitioners, the exhumation of Guillermo Manuel Omeara’s body was not
carried out.176
109.
The State reported that "currently the proceedings are progressing with orders for the
taking of evidence, the most recent being on June 20, 2014.”177
ii) Investigations in the military courts
The State reported that the investigation undertaken by the 109th Military Criminal Judge was initiated on
October 24, 1994 "in order to establish whether military personnel were linked to the events relating to
Guillermo Omeara".178 With regard to this investigation, the State indicated that on December 26, 1996, the
109th Military Criminal Judge declined to open a criminal investigation; however, this decision was
overturned on April 30, 1997, and a photo identification of UNASE personnel was ordered. The State
indicated in its latest report that "the relevant requests were made [...] and the missing photographs were
ordered to be sent to the Metropolitan Police of Bucaramanga. There have been attempts to locate the missing
personnel through Army, Police and DAS photographs.179
110.
The available information indicates that this investigation is still pending.
c)
Investigation in the disciplinary jurisdiction
111.
The State indicated that on September 28, 1994 the Delegate Procurator for Human Rights
opened a disciplinary investigation. The State reported that the "disciplinary record" was archived because
in the course of the proceedings the evidence pointed to Mr. Roberto Prada Gamarra as a potential
perpetrator, while "the report submitted by members of the Police only provided a supposition” regarding
the alleged involvement of Major Jorge Alberto Lázaro Vegel.180
c.
Criminal Investigation No. 1663 on Héctor Álvarez Sánchez
112.
On August 22, 1995, the preliminary investigation into the attempted murder of Héctor
Álvarez Sánchez181 was opened before the 19th Prosecutor of Aguachica – Cesar, and the oral deposition of
two individuals, requested. The DAS of Aguachica - Cesar were commissioned to establish, among other
things, the motivation and individual responsibility for the crimes. On December 18, 1995, the DAS of
Aguachica - Cesar issued Report No. 359 "with negative results". On October 2, 1996, an interlocutory
decision ordering the suspension of the investigation was issued.182
113.
In February 2003, Elba María Solano Álvarez, Héctor Álvarez Sánchez’s wife, told the
authorities that she did not know "anything about who was leading the investigation because none of the
family members had been called to testify about it."183
175
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
176
Information presented by the petitioners in their brief of November 10, 2010 not contested by the State.
State’s brief of August 8, 2014, received on August 11, 2014.
State’s brief of August 8, 2014, received on August 11, 2014.
179 State’s brief of August 8, 2014, received on August 11, 2014.
180 State’s brief of August 8, 2014, received on August 11, 2014.
181 Letter of the National Human Rights Unit – National Prosecutor’s Office of September 10, 2010. Annex No. 62 to the
petitioners’ brief of November 10, 2010.
177
178
182
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
Report UA SACE No. 008 of February 10, 2003 of the National Human Rights Unit - National Prosecutor’s Office
Bucaramanga, case file No. 015 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 9, pp. 73 - 75.
Annex No. 53 to the petitioners’ brief of November 10, 2010.
183
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