114.
On April 30, 2003, the 22nd Specialized Prosecutor of the National Human Rights Unit took
cognizance of the pre-trial investigation. On April 30, 2003, an order for the location of an individual was
issued. The Technical Investigations Corps and the Prosecutor of Barranquilla were commissioned to locate
the investigation of the procedural steps taken with regard to the disappearance or kidnapping of Guillermo
Omeara. On May 30, 2003, the Technical Investigations Corps of Aguachica issued a report.184
115.
On January 27, 2004, an order to take evidence was issued as well as a request for copies of
documents and sworn statements from Investigation No.15. On February 27, 2004, SACE - NATIONAL
HUMAN RIGHTS UNIT - DAS Bucaramanga issued a report with statements of two individuals as annexes. On
May 31, 2005, an order to take evidence was issued. On July 6 and August 9, 2005, the Technical
Investigations Corps of the National Human Rights Unit issued a report. 185
116.
On July 13, 2006, information was requested from the SIJIN on the location and whereabouts
of five persons in order to gather their sworn statements and other procedural steps. On August 10, and
September 20, 2006, the FGN-CTI-NATIONAL HUMAN RIGHTS UNIT issued a report. On January 10, 2007, a
judicial inspection of Proceeding No. 15 (Manuel Guillermo Omeara Miraval) was ordered. On March 22,
2007, the Sub Unit of Human Rights and Humanitarian Law was commissioned to gather additional testimony
from Manuel Sánchez Álvarez. On June 19, 2007, the Technical Investigations Corps was commissioned to aid
in the investigation.186
117.
On January 30, 2008, the Technical Investigations Corps of the National Human Rights Unit
was required to designate investigators to analyze the case in detail. On October 31, 2008, the Technical
Investigations Corps of the National Human Rights Unit was commissioned to appoint an investigator to
establish what information the demobilized individuals of the Self-Defense Group of Santander and South of
Cesar possessed on the events involving the victim Héctor Álvarez Sánchez.187 Between 2009 and 2010
supplementary reports and testing practices were requested. Finally, the State reported that on November
20, 2013 a "summons a free version of a person" was performed and in 2014 a 'voluntary declaration" was
received188. The State explained that the investigation was oriented to determine de group of Roberto Prada
as the responsible for the attack” 189 The State indicated that " there are elements of proof establishing that one of
the alleged perpetrators was alias Loco Ave" , who was killed on January 14, 1996 and the other person that
perticipared was " Jairo Pava Monilla " who was a good friend of Loco Ave. regards the latter person , the State
indicated that free version recognized that integrated the paramilitary group of Roberto Prada in 1996, but was not
involved in the events190
184 On June 2, 2003, an Resolution to take evidence was issued. On June 16, 2003, the Technical Investigation Corps of
Aguachica issued a Report. On July 8, 2003, a Resolution to take evidence was issued. The July 17, 2003, the Technical Investigation Corps
of Aguachica issued a Report. On October 15, 2003, the taking of evidence was ordered, and the Technical Investigation Corps of
Aguachica was commissioned to gather depositions. Information presented by the State in its brief of July 13, 2012 not contested by the
petitioners.
185
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
186
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
187 On March 17, and April 23, 2009, the DN Technical Investigation Corps-GDH-IHL Report was issued. On May 8, 2009, the
Technical Investigation Corps was commissioned. Report DN Technical Investigation Corps-GDH-IHL of September 8 and 21, and
October 4, and 24, 2009. On September 30, 2010, an order to gather evidence was issued. On March 22, 2007, a copy of the medical
records of an individual was requested from the Military Hospital. On November 16, 2010, Héctor Álvarez Sánchez’s medical records
were referred. On December 3, 2010, an order to gather evidence was issued; and on June 12, 2011, "the request was answered.”
Information presented by the State in its brief of July 13, 2012 not contested by the petitioners.
188
Brief of the State of August 8, 2014, received on August 11, 2014.
189 Brief of the State of August 8, 2014, received on August 11, 2014. The State indicated that "in the investigation two
hypotheses were handled", the first related to the murder of Mr. Alvarez as a result of his statement in the investigation for what
happened to Manuel Guillermo Omeara, and the second related to a person named Joaquín Caselles, "who frequented the paramilitaries"
and was the one who raised alias Loco Ave, who owed him an amount of money to Mr. Hector Alvarez. The State indicated that "the
investigation is directed to the first hypothesis." The Commission notes that both hyphotesis involve the participation of members of
paramilitary groups.
190 Brief of the State of August 8, 2014, received on August 11, 2014.
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