36. On March 19, 1995, Mr. Gómez Virula’s body was found in a ravine in Colonia El Limón,
in Zone 18 of Guatemala City.49 It was found because a someone who lived near the ravine
advised the police.50 A calculator and his identity card were found next to Mr. Gómez Virula’s
body.51 That same day, the man who found the body and the alleged victim’s sister52 were
interviewed and state agents went to the home of the alleged victim’s father to take his
statement.53 In addition, an autopsy was performed which concluded that the cause of death
had been “fourth degree traumatic brain and chest injury.”54
37. Following the discovery of the body, the Missing Persons Section of the Criminal
Investigations Department of the National Police considered that the case entrusted to it had
concluded and turned it over to the Homicides Section of the Criminal Investigations
Department of the National Police,55 which opened an investigation to find those responsible
for what had occurred.56
38. On March 20, 1995, state agents went to the house where the alleged victim had lived.
There, they again took a statement from his father, Antonio Gómez Areano, who indicated the
name of the last person who had seen his son;57 the agents also interviewed Mr. Gómez
Virula’s uncle,58 and three of his former co-workers.59 One of the former co-workers indicated
that “[ML and MK] had frequently insulted the employees and even tried to attack them, but
the latter banded together and defended themselves”; another former co-worker indicated
that, on March 13, she “met [ML] in a grey car, and he tried to make [her] get into the car
and asked if [she] was a member of the labor union.”60
39. On March 21, 1995, the investigation agents went to the home of ECG, where they were
received by his mother.61 They also obtained the statement of another person who had worked
with Mr. Gómez Virula.62 The same day, they interviewed the owners of the building where
Cf. Communication of the forensic physician of March 28, 1995 (evidence file, folio 484), and Report of the
Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file folio 456).
49
Cf. Report of the Homicides Section of the Criminal Investigations Department of the National Police of March
19, 1995 (evidence file folio 457).
50
Cf. Communication of March 20, 1995, signed by the assistant prosecutor of the Public Prosecution Service
addressed to the metropolitan district prosecutor (evidence file, folio 688), and acknowledgement issued by the Public
Prosecution Service on April 5, 1995 (evidence file, folio 503).
51
Cf. Statement of March 19, 1995 (evidence file, folio 684), and Statement by Mr. Gómez Virula’s sister of
March 19, 1995 (evidence file, folio 685).
52
Cf. Report of the Homicides Section of the Criminal Investigations Department of the National Police of March
19, 1995 (evidence file, folio 458).
53
54
Cf. Autopsy report dated March 28, 1995 (evidence file, folio 484).
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file
folio, 456), and Communication of March 19, 1995, signed by the Second Police Officer of the Missing Persons Section
of the Criminal Investigations Department (evidence file, folio 463).
55
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file
folio, 456), and Report of the Homicides Section of the Criminal Investigations Department of the National Police of
March 19, 1995 (evidence file, folio 457).
56
Cf. Transcript of the statement by Antonio Gómez Areano in the Report of the Public Prosecution Service of
March 20, 1995 (evidence file, folio 698).
57
Cf. Transcript of the statement by Mr. Gómez Virula’s uncle in the Report of the Public Prosecution Service of
March 20, 1995 (evidence file, folio 699).
58
Cf. Transcript of the statements in the Report of the Public Prosecution Service of March 20, 1995 (evidence
file, folio 699).
59
Cf. Transcript of the statements in the Report of the Public Prosecution Service of March 20, 1995 (evidence
file, folio 699).
60
Cf. Transcript of the statement in the Report of the Public Prosecution Service of March 21, 1995 (evidence
file, folios 700 and 701).
61
Cf. Transcript of the statement in the Report of the Public Prosecution Service of March 21, 1995 (evidence
file, folios 700 and 701).
62
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