51
168. Even though the Director of International Affairs of the Attorney General’s Office
stated in a report that “there is no record on file which proves that these events
occurred,”159 the Court notes that several elements in the body of evidence of this case
refer to the death of one of these witnesses (Mr. Luis María Sanabria) during the
proceedings brought forward in relation to the Rochela Massacre. The United Nations Special
Rapporteur on Summary or Arbitrary Executions indicated that the “Los Masetos”
paramilitary group murdered Mr. Luis María Sanabria in February 1989 and that he had not
received proper protection.160 Likewise, both the Second Court of Public Order of Pasto and
the Superior Tribunal of Public Order coincide in emphasizing that this witness “was
murdered in suspicious circumstances after he had made a statement during the preliminary
proceedings.”161 Furthermore, a resolution issued by the Office of the Attorney General on
January 7, 1999, indicated that “[t]he witness LUIS MARÍA SANABRIA, who dared to speak
about the existence of the ‘Masetos’ and its members, was murdered.”162 Although the
Court finds proven the execution of only one of the witnesses who had collaborated with
justice officials, the State’s declarations demonstrate its negligence in the investigation into
and the punishment of the violence perpetrated against the judicial officials and witnesses.
169. In this context, one of the members of the paramilitary forces who helped clarify the
facts received threats,163 and there were persistent threats against other possible witnesses.
A report issued by the Human Rights Group of the Technical Investigative Corps indicated
that possible witnesses had received “death threats from the paramilitary groups if they
talked to the State’s security agencies.”164 Moreover, some of the next of kin of the victims
who testified in the proceedings before the Court expressed their past and current fears
resulting from the events, and stated that they had been threatened and harassed both at
the time of the events and in recent years during the proceedings before the Inter-American
system.165 It is important to emphasize that, according to his testimony before this Court,
the son of one of the deceased victims, who subsequently worked as a lawyer for the
159
Cf. report of August 28, 2006, issued by the Director of International Affairs of the Office of the Attorney
General (record of evidences to the State’s reply brief, volume IV, evidence 60, page 6472).
160
Cf. United Nations, Report on the visit to Colombia by the Special Rapporteur on Summary or Arbitrary
Executions (11-20 October 1989) Doc. E/CN.4/1990/22/Add.1, January 24, 1990, para. 37.
161
Cf. judgment of June 29, 1990, delivered by the Second Court of Public Order of Pasto (record of
evidences to the application, volume I, evidence A31, pages 397, 404); judgment of November 14, 1990, issued by
the Superior Tribunal of Public Order (record of evidences to the application, volume I, evidence A32, page 474).
162
Cf. resolution of the Terrorism Unit of January 7, 1999 (record of evidences to the application, volume I,
evidence A30, page 350)
163
Cf. expansion of the interrogatory statement of Alonso de Jesús Baquero Agudelo of May 8, 1997, before
the Human Rights Unit (record of evidences to the application, volume I, evidence A16, pages 185 to 187).
164
Cf. report of December 11, 2001, prepared by the Human Rights Group of the Technical Investigative
Corps of the Office of the Attorney General(record of evidences to the application, volume II, evidence A45, page
805). In the same sense, see also the brief submitted by Efrain Pérez Mantilla on February 7, 1989 to the Fifth
Court of Public Order of Bogotá [Juzgado Quinto de Orden Público de Bogotá] (record of evidences to the
application, evidence 54, page 923).
165
Cf. testimony of Arturo Salgado Garzón and Alejandra María Beltrán Uribe given before the Inter-American
Court during the public hearing held on January 31 and February 1, 2007; statements sworn before a notary public
(affidavits) of Luz Marina Poveda León, Alonso Castillo Mayoral, Elvia Ferreira Useche, Esperanza Uribe Mantilla,
Luz Nelly Carvajal Londoño, and María Carmenza Morales Cepeda (record of witness statements and expert
reports, Volumes I and II, pages 6997, 7022, 7023, 7223, 7234, 7237, 7238, 7239, 7317 and 7440).
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