in the van in which the gunmen who killed HERMIRSON SAPULVEDA and shot my dad arrived. It is
also said that the UNASE group had another individual called AVE, but he was not an UNASE
official”84.
-
When asked about these facts, Mr. Juan Francisco Prada Márquez –a paramilitary who benefited from
the Justice and Peace Law— said "I learned that the person ordering this was Roberto Prada Gamarra
[...] " and that "the one who came back to commit the murder was ‘el ave’ (Gabriel Madriaga (sic)).”85
60.
The Commission notes that with regard to some of the persons mentioned in the above
statements, a report by a prosecutor of the National Unit of Human Rights and International Humanitarian
Law was able to demonstrate that there was a person with the alias "Rambo", which matched César Vidal
Rodríguez Martínez and another under the alias "Pelo de Puya", matching Gentil Romero César. According to
the report both individuals were "active officials of SIJIN Aguachica, Cesar."86 Similarly, according to a record
of the Human Resources Branch of the National Police, Mr. Gentil Romero Rodríguez died “on active service”
on October 1, 1994, being ultimately assigned to the unit: “DECES”. In the same vein, there was a record that
Mr. César Vidal Rodriguez Martinez died "on active service" the same October 1, 1994, being assigned to Unit
"DECES"87. Mr. CT Fabian Rios said that "when Rodriguez arrived he was escorting the district commander
and GENTIL ROMERO belonged to the sub-SIJIN”.88
61.
As additional elements relating to the lack of action by State agents to prevent what
happened, the Commission notes that according to some evidence, these events took place near the premises
of the security forces, specifically the UNASE base.89 In particular, Carmen Teresa Omeara stated that the
UNASE facilities were "a few steps away, not far, that is, the UNASE was diagonally opposite the restaurant"90
and Jaime Antonio Omeara Miraval also stated that it was "strange that having both the DAS as well as the
UNASE group in the park, next to the town hall, they, despite being authorities, did nothing [...].”91
62.
As an additional element linking UNASE members with the events, the Commission notes
that according to Mrs. Teresa Omeara, Agustina Ana Rocha Beleño, an eyewitness, was threatened a few days
after the attack with a gun by one of the UNASE members who “told her not to talk” 92. Ana Graciela Ortega
84 Sworn statement of Jaime Antonio Omeara Miraval of August 25, 1998, case file No. 397 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 172 and 173 Annex No. 41 to the petitioners’ brief of November 10, 2010.
85 Justice and Peace Process, Referral of Copies of Voluntary Statements, dated 19/06/2012. Juan Francisco Prada Márquez’s
version. Annex to the petitioners’ brief received on May 17, 2014.
86 Report No. 431 of September 7, 2009 of the Criminal Investigator of the National Human Rights Unit Bucaramanga, case file
No. 397 National Human Rights Unit - National Prosecutor’s Office, folder No. 3, pp. 279 - 286. Annex No. 12 to the petitioners’ brief of
November 10, 2010.
87 National Police, Human Resources Subsection, Service Records 6030540 and 79400248 of January 2, 1996. Annex to the
petitioners’ brief received on May 17, 2014.
88 Sworn statement made by Fabián Ríos Cortes before the 44th Special Prosecutor on August 2, 2012. Annex to the
petitioners’ brief received on May 17, 2014.
89 Map of the main park of San Roque in the Municipality of Aguachica for 1994, drawn up by Jaime Antonio Omeara Miraval
Jaime Antonio Omeara Miraval. Annex 37 to the petitioners’ brief of November 10, 2010. Sworn statement of Carmen Teresa Omeara
Miraval of February 18, 2008, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No.
3, pp. 142 – 145. Annex No. 39 to the petitioners’ brief of November 10, 2010. Sworn statement of Jaime Antonio Omeara Miraval of
August 25, 1998, case file No. 397 of the National Human Rights Unit - National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 172
and 173 Annex No. 41 to the petitioners’ brief of November 10, 2010.
90 Sworn statement made by Carmen Teresa Omeara Miraval, before the 44th Criminal Prosecutor of June 28, 2011. Annex to
the petitioners’ brief received on May 17, 2014.
91 Sworn statement of Jaime Antonio Omeara Miraval of August 25, 1998, case file No. 397 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 1, pp. 172 and 173 Annex No. 41 to the petitioners’ brief of November 10, 2010.
92 Sworn statement of Carmen Teresa Omeara Miraval of August 17, 2010, case file No. 015 of the National Human Rights Unit National Prosecutor’s Office Bucaramanga, folder No. 11, unpaginated document. Annex No. 40 to the petitioners’ brief of November 10,
2010.
17