-113174. As a result of the exhumations carried out on those ranches between April 10
and 16, 1990, 24 bodies were found and transferred to the San Jerónimo hospital in
Montería. Regarding these measures, the body of evidence contains only two official
records and a note on the official procedure for the removal of the bodies (supra
paras. 95(71) to 95(73)). Moreover, the official record of the exhumation of corpses
of April 12, 1990, signed by the 19th Criminal Court of first instance, during the
recovery of the remains found at “Las Tangas” that same day, stated that:
[…] When the work began, a bulldozer was used that apparently belonged to the owner of
the ranch, operated by a member of the Elite Corps [of the National Police]; however, the
use of this machine had to be suspended owing to mechanical problems. It should be
noted that the place where the procedure was carried out is on the left bank of the Sinú
River; work continued using picks and shovels to remove the earth […]232
It is clear that this procedure could have destroyed or lost evidence, even though
there is no evidence to prove this.
175. In addition, the negligence of the authorities responsible for the exhumations
and the hospital personnel is clear during the procedures for the identification of the
bodies in the San Jerónimo Hospital in Montería. The next of kin of those who were
disappeared in Pueblo Bello received little or no information or collaboration from
these authorities, so that they had to proceed for themselves to examine the corpses
which were decomposed and had been thrown on the floor of the “amphitheater” of
this hospital (supra para. 95(74)). The State did not contest this fact. The
testimonies of Leovigilda Villalba Sánchez, María Cecilia Ruiz de Álvarez, Euclides
Manuel Calle Álvarez, Genaro Benito Calderón Ruiz and Manuel Dolores López Cuadro
(supra para. 65(b), (d), (g), (h) and (i)) are more than eloquent in this regard.
176. On April 19, 1990, four inhabitants of Pueblo Bello made statements and
declared that they had identified the bodies of Ricardo Bohórquez, Andrés Manuel
Peroza Jiménez, Juan Luis Escobar Duarte, José Leonel Escobar Duarte, Ovidio
Carmona Suárez and Jorge David Martínez Moreno (supra para. 95(75)). Even
though they had not been recognized or identified, the rest of the corpses were
buried in a common grave in the San Antonio cemetery in Montería. The authorities
responsible for the investigation did not try to reinitiate the search for the bodies in
this place or any other. The subsequent procedures were carried out between March
27 and April 7, 1995, when the Technical Investigation Corps of the Prosecutor
General’s Office exhumed and removed 12 bodies from this cemetery; however, the
osseous remains were not examined until June 1997 (supra paras. 95(82) and
95(83)). Moreover, these procedures did not lead to the identification of any of those
who disappeared from Pueblo Bello.
177. In this regard, based on the United Nations Manual on the Effective
Prevention and Investigation of Extralegal, Arbitrary and Summary Executions, this
Court has defined the guiding principles that should be observed when it is
considered that a death may be due to extrajudicial execution. The State authorities
that conduct an investigation must try, as a minimum, inter alia to: (a) identify the
victim; (b) recover and preserve the probative material related to the death to
contribute to any possible criminal investigation into those responsible; (c) identify
possible witnesses and obtain their statements in relation to the death under
232
Cf. official record of the exhumation of corpses of April 12, 1990, issued by the 19th Criminal
Court of first instance (file of attachments to the requests and arguments brief, tome V, attachment 7(2),
folio 1643).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos