were found.296 The National Institute of Legal Medicine and Forensic Sciences describe in the autopsy report
4 firearm injuries with outlet holes: i) in the parietal region and part of the front; ii) with bone exposure and
multiple bone fragments and irregular edges in the occipital region…;” iii) “left pectoral region of the thorax”;
and iv) “top of the dorsal of the hand…” As stated in the report, none of the shots left a tattoo or blackening
and had an “inferior-superior”, “posterior- anterior” trajectory.297
204.
On August 13, 1996, an inspection of Mr. Villamizar’s motorcycle was carried out. The report
indicates that “it is in good working condition to ride freely through public roads.”298 On August 14, 1996, an
additional judicial inspection was performed and it stated that “the rear tire of the motorcycle had no air” and
it can be “concluded that because of the broken tire it cannot carry people.” 299
205.
The report from the “Ballistics Laboratory” indicates that the weapon found “has been fired
without establishing time or date”. It added that the “magazine is not original”; “to be able to shoot it que it
was necessary to manually insert the cartridges into the chamber” and that “its percussion in the fulminant is
weak” The cartridge casing found was consistent with the “identity of the pattern” of the gun.300
206.
On August 20, 1996, Mr. Gustavo Villamizar Lizarazo, Gustavo Giraldo Villamizar’s father,
submitted a “complaint” for his son’s death before the Municipal Ombudsperson.301
207.
The 124 Military Criminal Investigation Court took the investigation and criminal process for
the homicide.302 The process was against the army men José Virgilio Jiménez Mahecha; Reimond Piñeres; José
Isabel Benavidez Liñan; Luis Felipe Villamizar Anaya; and Leonardo Prieto Cáceres, members of the troop
that had shot Mr. Villamizar from the front.303
208.
On August 24, 1996, Fredy Rodríguez Guerrero gave his statement and said that Mr.
Villamizar’s nickname was “Cendales”, that he “doesn’t know” if “he participated in any activities related to
the guerrilla” but “people said that he was the highest ranking chief of the E.L.N.” He said that he offered to
cooperate with authorities and requested protection for the fear of being kicked out of the “FARC” and to be
considered as a “whistle blower.”304 In November 1996, Mrs. Neyda Díaz Morales and Merly Díaz Morales
stated that Mr. Gustavo Giraldo Villamizar was a member of the E.L.N.”305 His next of kin denied knowing
either of the ladies.306
296Annex. 93. Institute of Legal Medicine, Ministry of Justice, Investigative Unit of the Saravena Judicial Police, National Format
Report of Corpse Collection. August 11, 1996. Annex to the State’s brief received on August 26, 2010.
297 Annex. 1. National Institute of Legal Medicine and Forensic Sciences, Autopsy Report No. 040-96-ILS. Annex to the State’s
brief received on August 26, 2010.
298Annex. 29. Arauca Police Department, Investigative Unit of the Saravena Judicial Police. Judicial Inspection, August 13, 1996.
Annex to the State’s brief received on August 26, 2010.
299 Annex. 29. Arauca Police Department, Investigative Unit of the Saravena Judicial Police. Extension Proceeding of the Judicial
Inspection, August 14, 1996. Annex to the initial petition.
300 Annex. 95. National Institute of Legal Medicine and Forensic Sciences. Ballistics Laboratory, Report 1584.96. LBA. RB.
Annex to the State’s brief received on August 26, 2010.
301 Annex. 8. Complaint submitted by Mr. Gustavo Villamizar Lizarazo before the Municipal Ombudsperson, August 20, 1996.
Annex to the petitioners’ brief of April 29, 2010.
302 Annex. 96. Judge of First Instance, Cavalry Group No. 18 “Rebeiz Pizarro”, Judgment of November 19, 1999. Annex to the
State’s brief received on August 26, 2010.
303 Annex. 96. Judge of First Instance, Cavalry Group No. 18 “Rebeiz Pizarro”, Judgment of November 19, 1999. Annex to the
State’s brief received on August 26, 2010.
304
1996.
Annex. 97. Statement from Mr. Fredy Rodríguez Guerrero before the 124 Military Criminal Investigation Court, August 24,
305Mrs. Neyda Díaz Morales stated that she was giving her statement because “she wanted to cooperate with authorities.” She
mentioned that she knew Mr. Villamizar “only by greeting” and that she “would see him in Saravena every day, in a motorcycle….and his
only job was to kill people.” She said that “she didn’t see him but was told that he had killed a young woman” and that “it was been
gossiped that he was a member of the E.L.N. Guerrilla.” She replied that she would identify “alias Cendales” because he used to ride a
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