Facts:

The Aguilas Negras, or Black Eagles, are a non-cohesive group of former paramilitary men dedicated to the extortion of Mayors, traders and transporters, and also involved in drug trafficking, targeted killing of people and threats. Raul Prada was involved in the activities of the terrorist group, and when the judicial investigation started he held the position of commander of the “Bloque sur de Bolívar”, one of the fractions of the group. Luis Herrera was also a relevant member of the group, having the responsibility of monitoring the due payment of the shares by the extorted persons, as well as providing the organization with food and other supplies.

The main issue:

Since the judgment of the Criminal Court of First Instance was based on the declarations of two witnesses that later retracted their statements, the main issue discussed before the Regional Superior Court, was whether the Court should consider such statements as valid evidence. The defendants argued that the declaration made by the witnesses incriminating them in the illegal activities, were made under threat or under a promise of rewards.

The defendants argued that since the witnesses statement could not be considered a valid proof, there was not enough evidence to prove that they were part of the terrorist group and that they were involved in its financing.