39
statement, his life was in danger because he stated the names of who they were and gave the
color and license plate of the car that took Manuel Guillermo Omeara Miraval”. In addition, she
pointed out that it did not provide guards to escort her husband when he went to testify.152
157. On January 30, 2008, the Chief of the C.T.I. of the Human Rights Unit, was asked to
designate an investigator in order to achieve a detailed analysis of the case.153 In addition, on
October 31, 2008, it ordered the C.T.I.-UNDH be commissioned to appoint an investigator and
to find out before the Justice and Peace Unit whether demobilized persons from the Santander
and South Cesar Self-Defense Group could be located and could provide information about the
events of which Héctor Álvarez Sánchez was a victim. With respect to the demobilized
combatants who were able to be identified, interviews were arranged to be heard by the
Prosecutor's Office 22.154 Similarly, on October 31, 2018, the Prosecutor's Office commissioned
the C.T.I to find out if in free statements in the Justice and Peace Unit, any demobilized person
mentioned the facts under investigation and ordered the receipt of statements from several
demobilized persons.155
158.
On November 18, 2008, JP made a statement before the Support Prosecutor's Office.156
159. On March 17, 2009, the C.T.I. presented a report regarding the information obtained on
the mention of the facts in the free statements obtained in the framework of the Justice and
Peace proceedings. Based on the information provided by the C.T.I. and the list of demobilized
self-defense groups, the Prosecutor's Office ordered interviews.157
160. According to the State’s information to the Commission, on November 20, 2013,
Prosecutor 22 ordered JPa’s “preliminary account”. On February 19, 2014, his free statement
was received.158 The State explained that the investigation was aimed at determining who was
responsible for the attack of the group commanded by RP,159 and indicated that "there is
evidence that allows us to demonstrate that one of the alleged perpetrators was [GM]," who
was murdered on January 14. 1996, and the other person who was identified as a participant
Testimony of Elva María Solano de Álvarez before the Barranquilla Regional Prosecutor's Office on July 28,
2003 (evidence file, annex 107 to the brief with pleadings, motions and evidence, fs. 2771 to 2775), and proceedings
to amend the statement of Elva María Solano de Álvarez de April 3, 2013, supra.
153
Letter from the Assistant Prosecutor of the National Human Rights and International Humanitarian Law Unit
of the Office of the Attorney General of the Nation of January 30, 2008 (evidence file, annex 6 to the answering brief,
File 1663, f. 10766).
154
Letter from the 22nd Special Prosecutor UNDH – IHL of October 31, 2008 (evidence file, annex 6 to the
answering brief, File 1663, f. 10767).
155
State's Answering Brief of February 8, 2017 (merits file, f. 561).
On May 8, 2009, the designated investigators submitted a report in which they attached a list of demobilized persons.
However, they indicate that they did not carry out the respective interviews (evidence file, annex 7 to the answering
brief, page 10801). On August 24, October 4 and 24, 2009, reports were received from the C.T.I. (evidence file,
annex 7 to the answering brief, File 1663, fs. 10818, 10889, 10893 to 10894). On September 30, 2010, the
investigation of those responsible was ordered (evidence file, annex 7 to the answering brief, File 1663, fs. 10949 to
10950). On November 16, 2010, the photocopy of the Clinical Record No. 015004 was sent in the name of Héctor
Álvarez Sánchez (evidence file, annex 7 to the answering brief, fs. 10989 to 11221). On December 3, 2010, the taking
of evidence was ordered (evidence file, annex 7 to the answering brief, file 1663, log 3, f. 11222). On June 12, 2011,
the investigation records against the defendants in this case were reported (evidence file, annex 7 to the answering
brief, fs. 11239 to 11240).
156
JP's statement of November 18, 2008 (evidence file, annex 7 to the answering brief, fs. 10771 to 10774).
157
Report of the C.T.I. of March 17, 2009 (evidence file, annex 7 to the answering brief, fs. 10778 to 10780).
158
Free account given by JPa on February 19, 2014 before Prosecutor 22 (evidence file, annex 7 to the
answering brief, file 1663, fs. 11696 to 11701).
159
The State indicated that “two hypotheses were handled in the investigation”, the first [related] to the attack
[against] [Mr.] Héctor Álvarez Sánchez [as] a consequence of [his] statement within the investigation for the homicide
[of] his son-in-law Manuel Guillermo Omeara Miraval, and the second, [related] to JC, "who frequented the
paramilitaries" and was the one who raised [GM], in addition to the fact that he owed a sum of money to Mr. Héctor
Álvarez and days before the attack they had had an altercation in [the] Aguachica market. The State indicated that
"the investigation was oriented towards the first hypothesis." Brief of the State of August 8, 2014, supra.
152