22
paramilitary groups,33 among which the “Los Prada”34 (hereinafter “Los Prada” or “Los Prada
group”), led by RP and his brothers, JP and MP.35
74.
In addition, there was a State security body called the National Anti-kidnapping and
Extortion Unit (hereinafter also “UNASE”), made up of members of the National Army, National
Police and the Administrative Department of Security (hereinafter also “DAS”). The
headquarters of the latter in Aguachica was located in the main San Roque park, near the
Municipal Mayor's Office and was a body dependent on the Unit in Bucaramanga.36. The
Commission alleges that said Unit was known to participate in acts of violence and extortion,
and according to different statements from relatives and witnesses, the group of "Los Prada"
coordinated with members of the Police and the Army, and DAS had knowledge of their
actions.37
75.
In 1991, the Community Action Movement38 was organized in Aguachica, and achieved
the election of three council members. The MAC was perceived as a group whose leaders
allegedly came from the former guerrilla group M-19. After a series of murders and attacks
against members of the MAC, in 1994 a public statement was released by the survivors in which
they indicated that they had resigned from the movement and that some of its members had
traveled to other parts of the country to protect their lives.39
B. Facts regarding Noel Emiro Omeara Carrascal
The Court uses the expression “paramilitary” given that it has already used it before (Cf. Case of Vereda La
Esperanza v. Colombia, supra). Additionally, regarding the circumstances of the case, the witness Iván Augusto
Gómez Celis, Prosecutor 34, Delegate before the Superior Judicial District Court, proposed by the State, has referred
to the phenomenon of "paramilitarism", including references to the " Prada family” and the “Héctor Julio Peinado
Front” (Cf. Statement of Iván Augusto Gómez Celis, supra).
34
Various groups were present in this area, including “Los Macetos”, “Autodefensas Campesinas del Sur del
Cesar ACSUC” and “Frente Héctor Julio Peinado Becerra”. Cf. Colombia Nunca Más Project. Zone V Report, supra;
Statement of Iván Augusto Gómez Celis, supra, and Statement of FR, and Statement of RR, both given before the
66th Specialized Prosecutor of the Human Rights Unit on July 13, 2010 (evidence file, annex 6 to the brief with
pleadings, motions and evidence, fs. 1927 to 1936).
and Statement of FP rendered before the 66th Specialized Prosecutor of the Human Rights Unit on July 13, 2010
(evidence file, annex 6 to the brief with pleadings, motions and evidence, fs. 1927 to 1930).
35
Colombia Nunca Más Project. Zone V Report, supra; Complaint presented by a member of the JM Police to
the Delegate Attorney for the Defense of Human Rights on February 23, 1995 (evidence file, annex 3 to the Merits
Report, fs. 40 to 44), and Statement by Iván Augusto Gomez, supra.
36
Cf. Statement of Iván Augusto Gómez Celis, supra; Map of the San Roque main park of the municipality of
Aguachica for 1994, prepared by Jaime Antonio Omeara Miraval (evidence file, annex 42 to brief with pleadings,
motions and evidence, f. 2352); Statement by Carmen Teresa Omeara Miraval before Prosecutor 44 of February 18,
2008 (evidence file, annex 45 to brief with pleadings, motions and evidence, fs. 2361 to 2364), and Statement of
Jaime Antonio Omeara Miraval before Prosecutor 66 of August 17, 2010 (evidence file, annex 48 to the brief with
pleadings, motions and evidence, fs. 2374 to 2382).
37
Colombia Nunca Más Project. Zone V Report, supra; RP statement given before Prosecutor 44 on April 8,
2011 (evidence file, annex 60 to the brief with pleadings, motions and evidence, fs. 2432 to 2435); Investigation
procedure of MR of May 7, 2015 (evidence file, annex 59 to the brief with pleadings, motions and evidence, fs. 2420
to 2430); Appeal filed by the representative of the civil party on April 21, 2014 (evidence file, annex 83 to the brief
with pleadings, motions and evidence, fs. 2548 to 2564); Statement of Fabiola Álvarez Solano on September 7, 1994
(evidence file, annex 53 to the brief with pleadings, motions and evidence, fs. 2398 to 2400); Statement of Carmen
Teresa Omeara Miraval before Prosecutor 44, supra; Statement of Jaime Antonio Omeara Miraval before Prosecutor
66 of August 17, 2010, supra, and Report No. 279 of August 12, 2002 of the General Operations Directorate-Special
Operations Sub-Directorate-Judicial Police Coordination of the DAS, file No. 397 of the Bucaramanga UNDH (evidence
file, annex 15 to the brief with pleadings, motions and evidence, fs. 135 to 139).
38
Colombia Nunca Más Project. Zone V Report, supra. The Community Action Movement (MAC) emerged in
1991 with the idea of expanding throughout the region and responding to community problems without resorting to
political parties. The MAC brings together all the Community Action organizations in the region. Since its creation, the
MAC was perceived by authorities as linked to guerrilla or subversive groups.
39
Public press release on the MAC (evidence file, annex 24 to the brief with pleadings, motions and evidence,
f. 2265).
33