34
105. In light of the State’s acquiescence and based on the evidence submitted to the
Tribunal (supra para. 65) the Court will refer below to the way in which the events of the
present case occurred.
106. On the morning of January 18, 1989 the fifteen members of the Judicial Commission
traveled from the location of Barrancabermeja toward The Rochela in order to receive the
statements of witnesses who had been summoned on the previous day.92 Four of the
investigating agents went to the area of Pueblo Nuevo in order to pick up several individuals
who were to offer their statements in The Rochela. On the way, the agents were intercepted
by a group of 15 heavily armed and uniformed men who pretended to be members of the
XXIII Front of the FARC (the guerilla group “Armed Revolutionary Forces of Colombia”
[Fuerzas Armadas Revolucionarias de Colombia]). The man who identified himself as the
commander in charge of the “Front” interrogated the members of the Judicial Commission,
asking them the reason for their presence and how many people made up the Commission.
107. Once all of the officials of the Judicial Commission were in The Rochela and had
nearly concluded receiving the witnesses’ statements, a group of approximately forty armed
men appeared; they pretended to be members of the abovementioned front of the FARC
(supra para. 106). According to the Commission in its application, the same commander in
charge addressed the members of the Judicial Commission and proposed that they hand
over their officially registered revolvers, stating that it was with the purpose of avoiding
confusion were they to meet members of the Army while they were moving from one place
to another. On this subject, surviving victim Arturo Salgado stated at the public hearing that
the armed men that “ambushed” the Judicial Commission members told them that they
needed to talk with them, but that for that purpose they had to hand over their weapons,
and so they had to do it.93 Half an hour later several heavily armed men dressed as civilians
arrived. One of them introduced himself as the highest commander in charge of the XXIII
Front of the FARC.
108. It has been proven that the man who said he was the leader of the FARC was really
Alonso de Jesús Baquero Agudelo, one of the leaders of the paramilitary group called “Los
Masetos” (supra para. 74). It has also been acknowledged and proven that the armed men
that impersonated members of the FARC belonged to this paramilitary group.
109. It is important to point out that the circumstances of deceit, the vast number of
paramilitary members present in comparison to the small numbers of the Judicial
Commission, and the amount and grade of weaponry that the paramilitary carried made it
impossible for the members of the Judicial Commission to raise any resistance.
110. Subsequently, the members of the “Los Masetos” paramilitary group kept the
members of the Judicial Commission locked up and guarded in a room of about twelve
square meters for approximately two and a half hours.94 With regard to these
92
During the two previous days these officials were in Barrancabermeja, heading toward the town of La
Rochela to carry out actions related to the investigation and gathering of evidence. For example, these officials
went to deliver citations to the people summoned to offer a statement and went to locate the Police Inspector of
that locality.
93
Cf. testimonial statement offered by Arturo Salgado Garzón before the Inter-American Court during the
public hearing held on January 31 and February 1 of 2007.
94
Cf. testimonial statement offered by Arturo Salgado Garzón before the Inter-American Court during the
public hearing held on January 31 and February 1, 2007; and testimonial statement of Arturo Salgado Garzón of
January 19, 1989 before the Fourth Judge of Public Order [Juez Cuarto de Orden Público] (record of evidences to
the brief containing pleadings and motions, volume V, page 3366).
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