Being on the sector located, at 3:35 in the morning, armed contact was initiated on the counterguerillas located in the “Y”, the “delta 6” group takes position over the sector type-ambush. At
3:55 to 4:00, the “delta 6” group engaged in combat with the bandits and were (sic) retracting
on the “Y” sector and maintained armed combat with said group. “Delta” 6 approximately. At
5:00 the contact continues and the group advances, at 5:10, the units (illegible) support the
withdrawal of the bandts, and at dawn a search is carried out on the sector and as a result a
bandit is killed. 137
91.
The previous account also follows the reading of the accounts of the military personnel who
participated in the operation on May 28, 1997, 138 who concur about the time of the confrontation being
between three and four in the morning. 139
According to the statement of First Sergeant Mauricio Gómez Chacón, at five in the morning
“a bandit was found dead.” The voluntary soldier, Miguel José Herrera Ospina, stated that soldiers Ferney
Piedrahita Liaiza and Castro Buriticá informed “the commander” about the finding of the body. 140 According
to the testimony of voluntary soldier Ferney Piedrahita Liaiza, after they found the body “they notified
Sergeant Gómez”, 141 the soldier Mauricio Chacón stated that he informed Lieutenant Ditterich who “stayed
there…” while he was ordered to stand guard.” 142
92.
93.
Concerning the position in which the body of the person “killed” was found, First Sergeant
Mauricio Chacón, 143 and Jhon Jairo Castro Buriticá144 stated he was “face down”. In relation to the way the
body was dressed, First Sergeant Mauricio Chacón stated that it “was dressed in green – pants and shirt and
rubber boots” 145; Soldier Miguel Herrera Ospina stated he saw the body “for a few moments” and it “was
dressed in police green” 146; soldier William Cruz Libreros stated that “when they were transporting him in
the car, he was uniformed in police green.”147
137
Annex. 44. Patrol Commander, Patrolling Report. Annexed to the written brief of the petitioners of April 10, 2001.
138In this regard see the statements of Miguel José Herrera Ospina, William Cruz Libreros, Jhon Jairo Castro Buriticá, Ferney
Pidrahita Liaiza, Mauricio Gómez Chacón and Werner Ditterich Dallatorre, quoted in Annex. 37. Comandante Décima Octava Brigada,
Judge of First Instance, Decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000.
139According to the narrative of the testimonies carried out during the judgment of the First Instance the “CP. Mauricio” stated
that it happened “at three or half past three in the morning”; soldier Miguel José Herrera Ospina stated that when “it was quarter to four”;
voluntary soldier Ferney Piedrahita Liaiza it was around “three or half past three in the morning.” Annex. 37. Comandante Décima Octava
Brigada, Judge of First Instance, Decision of June 13, 2000. Annexed to the written brief of the petitioners, November 6, 2000.
140 Annex. 45.. Testimony of voluntary soldier Miguel José Herrera Ospina before Despacho Promiscuo Municipal, on July 2,
1997. Annexed to the written brief of the petitioners of April 10, 2001.
141Comandante Décima Octava Brigada, Judge of First Instance, decision of June 13, 2000. Annex to the written brief of the
petitioners, November 6, 2000.
142 Annex. 43. Testimony of First Sergeant Mauricio Gómez Chacón before Despacho Promiscuo Municipal, on July 12, 1997.
Annexed to the written brief of the petitioners of April 10, 2001
143 Annex. 43. Testimony of First Sergeant Mauricio Gómez Chacón before Despacho Promiscuo Municipal, on July 12, 1997.
Annexed to the written brief of the petitioners of April 10, 2001
144 See his statement narrated in Annex. 39. Fiscal Delgado, Colisión de Competencia, July 30, 1998. Annexed to the written brief
of the petitioners, November 6, 2000.
145 Annex. 43. Testimony of First Sergeant Mauricio Gómez Chacón before Despacho Promiscuo Municipal, on July 12, 1997.
Annexed to the written brief of the petitioners of April 10, 2001
146 Annex. 45. Testimony of voluntary soldier William Cruz Libreros before Despacho Promiscuo Municipal, on July 2, 1997.
Annexed to the written brief of the petitioners of April 10, 2001.
147 See his statement narrated in Annex. 39. Fiscal Delgado, Colisión de Competencia, July 30, 1998. Annexed to the written brief
of the petitioners, November 6, 2000.