and “a while after lying down” heard “some shouts which said do not kill me, do not kill me”.185 Likewise, Mr.
José Gersaín uva Fuentes stated that while he was in his house around twelve at night he heard “that a person
was complaining and shouting”; and the last words he heard were “cuñadito (little son in law) you killed
me”.186
119.
According to the result of the investigation and the criminal process carried out
domestically, Mr. Carlos Uva Velandia was deprived of his life by a soldier, Juan Alexis Burgos. The Juzgado
Promiscuo de Circuito describes the facts that occurred the night of June 20, 1992 as follows:
On June 20, 1993, Carlos Arturo Uva Velandia was about to leave and drink alcohol with
some friends in the urban perimeter of Hato Corozal. On the same date, soldier Juan Alexis
Rodríguez Burgos, assigned to the base of La Paz de Ariporo, arrives to that community with
two fundamental functions: first, to deliver food supplies to the counter-guerrilla company
located there; and, second, to pick up intelligence information. Finalizing these tasks, the
soldier dedicates himself to the consumption of alcohol and past nine hours at night he heads
to the military garrison to request help to capture an alleged guerrilla with whom he had
differences. There, the duty officer convinced of the state of (drunkenness) of the soldier
Rodríguez Burgos, orders him to lie down, but in blunt contempt he left and headed back
again to the village.
Meanwhile, Carlos Arturo Uva Velandia leaves the establishment where he was consuming
liquour and heads by himself to his house with with such bad luck that on the way he runs
into soldier Juan Alexis, who in company of other persons, manages to subdue him, tying his
wrists and causing his death by inflicting fourteen (14) stabs, seven of these in the back side
of his torso.
Having consummated the act, the soldier heads to another camp where the soldiers are
quarted and there he reports that he just killed a guerilla.187
120.
The above version is corroborated by the fundamentals of the reports rendered by
lieutenants Erick Rodríguez Aparicio188 and Alfonso Portilla Castro, 189 who communicated about said act to
185 On December 20, 1992 Mr. Santos Adilio Sandoval Morales who indicated met with Mr. Uva Velandia at around 10 at night
“I arrived at the discotheque with Maximino, there he was. First, we were outside, when he told us, stay there a short while and we go
dancing, then, with the girls he had brought, we entered the Discotheque there, when he, the chinas (girls) said they were going to sleep
now, Maximino, Norberto, the deceased and myself remained there, because the chinas (girls) went out and left. And he came out and
told us wait for us, wait for me that I will go and come back, then when he left, I told Maximino, please take me home in the motorcycle.
When he took me home, I went to bed it was around eleven thirty. After being in bed for a while, my woman told me listen … some fritos
saying do not kill me, do not kill me … the next day .. we heard that … they killed Arturo”. Annex. 54. Record of the Testimony of Santos
Adilio Sandoval Morales before Court 120 of Military Criminal Instruction, December 20, 1992. Annex 1
186 Annex. 51. Testimony of Gersain Uva Fuentes before the Juzgado Promiscuo de la Municipalidad, August 30, 1993. Annexed
to the initial petition.
187 Annex.
55. Juzgado Promiscuo de Circuito, Judgment of May 10, 1994. Annexed to the initial petition.
In his report, Commander Erick Rodríguez Aparicio stated that “on the afternoon of June, 20 I met said soldier, who
introduce himself dressed as a civilian explaining that he had been sent to the Military Base of La Paz of Ariporo to pick up information
and that he would spend the night in the office of the Gugamuxi Agency and would go back to his base the following morning. Later,
approximately at midnight this subject arrived at the camping site of my counter-guerrilla unit and the sentinels knowing him let him
pass as far as my hammock where he presented himself a second time requesting me to leave with a patrol to detain a subject that was
seeking for trouble with him, according to the soldier he was with three friends drinking at a liquor selling establishment where this
individual arrived and insisted in fighting him. Due to his drunkenness I told the soldier not to look for trouble and ordered him to stay
that night in the campsite for his own security, said this the soldier nodded and left. An hour later arrived in my campsite Mr. TE Portilla
Castro Alfonso, Commander of the contraguerrilla camped in the airport, who informed me that Soldier Rodríguez Burgos just stabbed to
death a subject barely two blocks away from where we were located. Talking to the sentinels I found out that soldier Rodríguez at the
moment he spoke with me had reached his post with four civilians three whom had left and one stayed waiting for him, when he came
out the soldier threatened to death this subject and tied him by the wrists with his shoelaces, as this happened the sentinels went to
inform Cs. Quivano Cedeño Jacinto, Commander of the Squadron of said counter-guerrilla unit which was located as on duty at that time,
yells were heard from someone who was asking for help because he was going to get killed, minutes later arrived Mr. TE. Portillo to
inform me about the murder.” Annex. 56. Report of the Commander Esc. B Erick Rodríguez Aparicio of June 13, 1992. Annex 1.
188