64
to the discovery of the body, the indications regarding the relationship of the DAS and UNASE
with paramilitary groups must be considered. From these, it must be concluded that these
actions, as well as the rest of the actions prior to the discovery of the body, were carried out
without observing the guarantee of impartiality. Therefore, the Court cannot determine the
existence of diligent actions.270 Therefore, this Court determines that the State, in the actions
prior to the discovery of the body of Omeara Miraval, did not take appropriate action.
241. Having already determined that the State failed to take proper action during the first
stages of the investigation, the Court deems it unnecessary to examine the allusions made by
the representatives regarding the lack of analysis of the crime scene or of elements found on
the body.271
242. Alternatively, it emerges from the examination of the facts that no diligent action was
taken in terms of following the logical lines of investigation. The reasons for this are outlined
below.
243. Although on August 9, 1995, when it was agreed to open an investigation against the
RP, the statement was ordered of a commander of the San Martín National Police, who was
not heard until September 1997 (supra para. 127). It was a significant statement, since said
police commander had information about the actions of the paramilitary group in the area.
244. In addition, at least since 1995, there were signs of the influence of the Prada family
paramilitary group in the area of the events, indicating its “leaders”, and there is no evidence
that the persons indicated as leaders of the group gave a statement until 1998 (supra paras.
130 to 132).272.
245. In addition, since 1995, information was received, in the disciplinary sphere, about the
possible relationship between the army, in particular Major JL, with the “Los Prada”
paramilitary group, and it was received in the investigation into Omeara Miraval in 1996, it
was only in 1998 that Major JL gave a statement, in the context of the investigation into
Omeara Miraval, on relevant facts (supra para. 130).273 The Court considers that given the
context in which the events took place, it was relevant that before that date, military and
police personnel made statements.
246.
The Court also notes that on June 18, 1998, the authorities deemed it necessary to
that she “[r]emembers that the [Director of the DAS] commented[ed] that if they had all that information why had
they not done anything about it.” She added that he "called two investigators who had been ordered to travel to the
area to find the whereabouts of [Omeara Miraval] and additionally give a detailed report on the group that was
operating in the area." Statement of Clemencia Patricia Álvarez Solano, supra.
270
Note of statement by the expert González Amado, in the sense that the collusion between state authorities
and paramilitaries influenced the fact that at the beginning of the proceedings the activities were purely formal.
Expert opinion of Iván González Amado given by affidavit, supra.
271
For the same reasons, as well as the State's recognition of the lack of investigation into the commission of
acts of torture, it is not necessary to analyze the aforementioned allusions regarding the investigation of such acts.
272
Regarding knowledge of the intervention of paramilitaries, it is relevant to note the statement by Héctor
Álvarez Solano, son of Mr. Álvarez Sánchez, in his affidavit before the Court, that “on several occasions he [had]
conversations with the paramilitary [JP], in one of them [he] wanted to make him see, that according to them, [his]
brother-in-law [Omeara Miraval] was a guerrilla and that [his father, Héctor Álvarez Solano] was aware of this and
that is why they committed the crimes. Likewise, [JP] told him that SQ, a member of his organization, […] wanted
[Mr. Héctor Álvarez Solano] dead.” He indicated to the Court that the statement “was known to the authorities of the
Prosecutor's Office and the DAS, through [his] father, and personally [he (Héctor Álvarez Solano)] made a statement
to the Prosecutor's Office on several occasions, the last one being on October 31, 2012, before Prosecutor's Office
66”.
273
Although the State indicated that before, in 1995, Major JL had given an investigative statement, the Court
appreciates that on that occasion he was investigated in relation to another event related to the massacre of Puerto
Patiño that occurred on January 15, 1995.