Thursday, March 16, 1995, he was “walking along Sixth Avenue, Zone 1, and suddenly […] a grey Nissan car with tinted windows [came alongside him]; a Korean [ML], who occupied a senior position in the maquila company where [he] worked, exited the vehicle and asked [him] what he was doing. […] This Korean asked [him] to get into the car and [he] refused and ran off.” He then indicated that “about two weeks later […] in the early morning hours, several unknown individuals came to [his] home and knocked on the door saying that [he] should go with them […]. After that, they came back three more times in quick succession.” Lastly, he indicated that, “on August 12 [1995], [he] went to the pharmacy near [his] home and saw a green jeep with tinted windows [that] stopped in front of [him]; the window on the driver’s side was lowered and one of them […] stuck his arm out pointing a gun at [him].”89 48. On August 20, 1996, the Public Prosecution Service requested that the proceedings be closed.90 Subsequently, on May 7, 1997, the Public Prosecution Service required that the case be archived.91 On June 6, 1997, the Sixth Trial Court for crimes relating to drug-trafficking and the environment issued an order in response to the request of the Public Prosecution Service indicating “that, pursuant [to] article 327 of the Code of Criminal Procedure, […] the Public Prosecution Service [may] order the archiving of the process without requiring the authorization of the jurisdictional organ.”92 Although the State was requested to provide this information, there is no record in the case file of the Public Prosecution Service’s decision to archive the case. 49. In addition, on November 6, 1995, the Ombudsman issued a decision in which he declared that “the human rights to safety, integrity and life of Alexander Yovany Gómez Virula [had been violated] owing to the unlawful detention, injuries and extrajudicial execution to which he was subjected”; in addition, the rights “to freedom of association and to membership in a labor union [had been violated] owing to the intimidating effects of the acts committed against [Mr. Gómez Virula].” Lastly, he held “law enforcement agents of the Guatemalan Government, the Minister of the Interior and the Director of the National Police” responsible for those violations.93 VII MERITS 50. Based on the arguments of the parties and the Commission, in the instant case the Court will examine: (1) the alleged failure to comply with the obligation to prevent violations of the rights to personal liberty, personal integrity, life and freedom of association; (2) the alleged violation of the rights to judicial guarantees and judicial protection owing to the alleged lack of an investigation into the alleged victim’s disappearance and death, and (3) the alleged violation of the personal integrity of the family of Alexander Gómez Virula. Cf. Statement made by ECG on August 25, 1995, before the Sixth Trial Judge for crimes relating to drugtrafficking and the environment (evidence file, folio 765). 89 Cf. Communication requesting provisional closure signed by the Public Prosecution Service and addressed to the Sixth Trial Judge for crimes relating to drug-trafficking and the environment (evidence file, folio 773). 90 Cf. Communication of May 7, 1997, signed by the prosecutor of the Public Prosecution Service and addressed to the Sixth Trial Judge for crimes relating to drug-trafficking and the environment (evidence file, folio 777). 91 Cf. Order of June 6, 1997, signed by the Sixth Trial Judge for crimes relating to drug-trafficking and the environment (evidence file, folio 786). 92 93 Cf. Decision of the Ombudsman of November 6, 1995 (evidence file, folio 422). 14