which he concluded that it was impossible to
“identify individually” those responsible for the
abduction of Gustavo Coronel Navarro and Ramón
Villegas Téllez, but that they were members of the
Second Mobile Brigade.
18 January 1993 and two incidents on 27 January
1993. The version given by the military authorities
was that during the clashes the regular troops had
killed a number of guerrillas. On 13 January 1993,
three bodies were removed by the judicial police
(SIJIN) in Ocaña, one of which was identified as the
body of Gustavo Coronel Navarro. On 18 January,
the soldiers deposited at the hospital the bodies of
four alleged guerrillas “killed in combat”. The SIJIN
removed these corpses and confirmed the deaths of
Luis Honorio Quintero Ropero, Ramón Emilio
Quintero Ropero, Nahún Elías Sánchez Vega and
Ramón Emilio Sánchez. On 29 January 1993, the
Second Mobile Brigade brought in the bodies of four
persons killed in the alleged clashes of 27 January
1993; again the SIJIN removed the bodies. On
21 May 1993, the bodies of the last four dead were
exhumed in the cemetery of Ocaña; one of these was
the body of Luis Ernesto Ascanio Ascanio, which
was recognized by his relatives. The forensic report
stated that one of the bodies brought to the hospital
on 18 January contained a number of bullet entry
holes with powder burns. In the records relating to
the removal of the bodies on 21 May 1993, SIJIN
officials stated that the bodies were clothed in
uniforms used exclusively by the National Police.
2.7 Only the family of Luis Ernesto Ascanio
Ascanio submitted their complaint in person to the
Ocaña Public Prosecutor’s Office in February 1993.
The facts relating to the other victims were brought to
the attention of the Public Prosecutor’s Office by one
of the NGOs, since the other families were afraid to
present themselves personally at the offices of the
judiciary in Ocaña. The preliminary inquiries made
were compiled in file No. 4239 and transmitted to the
military jurisdiction, as the competent body, in April
1995. From 30 August 1995 onwards, the relatives
attempted several times to convince the Human
Rights Unit in the National Public Prosecutor’s Office
to begin criminal proceedings; but the request was
turned down on the grounds that the matter was one
for the military courts.
2.8 The military criminal jurisdiction undertook
various preliminary investigations into the facts as
described. Judge No. 47 of the Military Criminal
Investigation Unit, attached to the Second Mobile
Brigade, opened preliminary inquiries Nos. 27, 30
and 28,2 the findings of which are contained in file
No. 979, throughout which the incidents are referred
to as “deaths in combat”.
2.5 The members of the victims’ families and the
non-governmental organizations (NGOs) assisting
them have brought the facts to the attention of the
judicial authorities in the criminal, administrative
litigation, disciplinary and administrative departments
at the local, provincial and national levels. Between
15 January and 1 February 1993, the relatives
reported the disappearance of their family members to
the Ocaña Provincial Office of the Attorney-General.
They also lodged a complaint with the same authority
concerning abuse of power by the Second Mobile
Brigade and made various representations to the
Ocaña Provincial Procurator’s Office, the National
Office for Examination and Processing of Complaints
(Office of the Ombudsman) and the Regional Office
of the Public Prosecutor in Cúcuta. The mayor of
Hacari sent an official letter to the commander of the
brigade requesting him to investigate the facts and
order the release of the peasants. The mayor of the
municipality of La Playa lodged complaints with the
competent authorities concerning the incidents
perpetrated by the Second Mobile Brigade within his
municipality: namely acts of violence against the
Ascanio Ascanio family and the disappearance of
Luis Ernesto Ascanio Ascanio. After reporting the
incidents, the Ascanio, Sánchez and Quintero families
were subjected to a great deal of harassment; as a
consequence, they had to leave the region and move
to various places within the country.
2.9 On 3 July 1996, the Second Mobile Brigade
was stationed in the city of Fusagasuga
(Cundinamarca), and the family of Luis Ernesto
Ascanio Ascanio succeeded in submitting a petition
to become a party to the proceedings. Up to the date
of the initial communication, they had not been
notified of any judicial decision on the subject.3
2.10 The authors state that the Special
Investigations Unit in the National Office of the
Attorney-General opened a file (No. 2291-93/DH)
on the incidents in question following complaints
submitted by the relatives to the Provincial Office of
the Attorney-General in Ocaña, and officials were
appointed to conduct the investigation. On 22
February 1993, a preliminary report from the
officials in charge of the investigation drew attention
to contradictions between the versions of the
relatives and those of the military, and also to the
way in which the judge in charge of Court No. 47 in
the Military Criminal Investigation Department had
hampered and obstructed them in their task. They
suggested that further evidence should be sought and
2
On 25 January, 2 February and 10 February 1993,
respectively.
2.6 On 15 July 1993, the municipal official in
Hacari in charge of the case, after receiving
information from the relatives, submitted a report in
3
Indeed, there is still no evidence that any judicial
decision has been notified to them.
61
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