27
99.
On June 25, 1996, Operation Lightening Bolt was launched by the FTA, under the
command of Major Carlos Guzmán Lombana.108 Major Carlos Guzmán Lombana decided to initiate an
operation due to the alleged eight kidnappings committed by the Carlos Alirio Buitrago gang of ELN that
took place in the area days ago.109 According to the operation orders, the objective was to conduct
search and military control operations in the municipality of El Carmen de Viboral in order to “capture
and/or take out the bandits of the Carlos Alirio Buitrago gang of the ELN.”110 In said document, the
order was given that “in the event of armed resistance legitimate self-defense would be used.”
According to the account of Major Guzmán, the operation was launched on June 25, 1996 at 9:00 p.m,
when two platoons of 23 soldiers each departed from La Piñuela military base.111 Based on the
testimony of Capitain César Cárdenas, a member of the FTA in charge of ground operations, the
platoons departed at 10 or 11:00 p.m.112
100. According to testimony of the inhabitants of Vereda La Esperanza, on June 26, 1996, at
2:00 a.m, FTA soldiers arrived in the residence of Mr. José Eliseo Gallego Quintero, who was with his
wife María Engracia Hernández Quintero and their son Juan Carlos Gallego Hernández.113 It was noted
that the soldiers, who identified themselves as “counter-guerrilla soldiers,” knocked at the door,
ordered them to open and began to shoot into the house and, therefore, they dropped to the floor. 114
Mr. Gallego Quintero claimed that one of the soldiers said “don’t shoot any more whatever is there is
108
Annex 11. Radio messages of Major Carlos Guzmán Lombana, dated June 24, 1996. Book No. 8. Compact disk
attached to petitioners’ communication of June 24, 2010; Annex 37. Document from Major Carlos Guzmán Lombana,
Commanding Officer of the Águila Task Force. Operation Order No. 005 “Rayo” [‘Lightening Bolt’]. Copy No. 002, of June 1996.
Annex to petitioners’ submission of September 1, 2004.
109
Annex 11. Radio messages of Major Carlos Guzmán Lombana, dated June 24, 1996. Book No. 8. Compact disk
attached to petitioners’ communication of June 24, 2010.
110
Annex 37. Document from Major Carlos Guzmán Lombana, Commanding Officer of the Águila Task Force.
Operation Order No. 005 “Rayo” [‘Lightening Bolt’]. Copy No. 002, of June 1996. Annex to petitioners’ submission of
September 1, 2004.
111
Annex 15. Initial statement on the facts given by Carlos Alberto Guzmán Lombana in response to charges, File 233
UDH, dated February 13, 2001. Annex to petitioners’ submission received at the IACHR on February 1, 2007; Annex 11.
Continuation of initial statement of Carlos Guzmán Lombana, to the National Human Rights Unit, dated February 20, 2001. Case
File No. 233 UNDH. Book No. 8. Compact disk attached to petitioners’ communication of June 24, 2010.
112
Annex 11. Statement of César Augusto Cárdenas Gonzáles to the Office of the Special Prosecutor, Bogotá, dated
February 19, 2001. Case File No. 233 UNDH. Book No. 8. Compact disk attached to petitioners’ communication of June 24, 2010.
113
Annex 33. Statement of Juan Carlos Gallego Hernández to the Office of the Municipal Ombudsman of Cocorná,
dated June 30, 1996. Annex to petitioners’ communication of July 1, 1999; Annex 30. Statement of José Eliseo Gallego Quintero
to the Office of the Municipal Ombudsman of El Carmen de Viboral, dated July 19, 1996. Annex to petitioners’ communication
of July 1, 1999; Annex 38. Statement of Jhon Fredy Castaño Gallego to the National Human Rights Unit of the Office of the
Attorney General of the Nation, dated April 15, 1998. Annex to petitioners’ submission received in the IACHR on February 1,
2007.
114
Annex 30. Statement of José Eliseo Gallego Quintero to the Office of the Municipal Ombudsman of El Carmen de
Viboral, dated July 19, 1996. Annex to petitioners’ communication of July 1, 1999; Annex 33. Statement of Juan Carlos Gallego
Hernández to the Office of the Municipal Ombudsman of Cocorná, dated June 30, 1996. Annex to petitioners’ communication
of July 1, 1999; Annex 12. Statement of María Engracia Hernández Quintero to the National Human Rights Unit of the Regional
Office of the Attorney General, dated April 15, 1998. Case File No. 233 UNDH. Book No. 2. Compact disk attached to petitioners’
communication of June 24, 2010; Annex 39. Statement of Florinda de Jesús Gallego Hernández to the National Human Rights
Unit, dated April 14, 1998. Case File No. 233 UNDH. Book No. 5. Pages 210-213. Compact disk attached to petitioners’
communication of June 24, 2010.