meeting, “a list [was drawn up] of those who had received the money and [Mr.] Gómez Virula
was put in charge of delivering this list to the Secretary General of the labor union.”32
Subsequently, he, together with his fellow labor union member ECG, went to the home of the
Secretary General of the labor union, but she was not in so they went and had lunch and then
to Mr. Gómez Virula’s home.33 After lunch they went out again and on their way they met and
conversed with Mr. Gómez Virula’s uncle before separating at the bus stop in front of the
Incasa coffee factory.34 That was the last time Mr. Gómez Virula was seen alive.
29. In a later statement, on August 25, 1995, ECG added that, when they failed to find the
Secretary General at home, they went:
by the factory where they formerly worked and [looked] to see if anyone […] was
working inside. Nearby, there was a type of guard house in the shade and in front,
parked, was a blue Hyundai vehicle with tinted windows; [he] did not see the license
plate. While [they] were there, Yovany leaned against the front fender [on the] right
side of this vehicle. Someone came out of a factory near where [they] worked and asked
Yovany why he was leaning on the fender of his car, grabbed his shirt with both hands
and pushed him down against the engine hood and again asked why he was leaning on
his car and slapped his face. [He decided to intervene and asked for an] explanation,
but [the man] did not listen to him and so [… he] decided to hit his back with a beer can
he was carrying. Owing to this, [the man] let go of Yovany and [ECG] told him to run
away and the man [ran after him] down the street northwards, towards the Atlantic
Highway. [He] then hid at a bus stop full of people and the man [saw him] and said,
“you better watch it, you son of a b…” and then returned from where he had come. After
about ten minutes [he] returned to see if his co-worker was around, but he was not and
[he] thought that he had gone home; so, [he] also decided to go home; the blue car
was still in the same place. About three days later … he] found out through UNITRAGUA
that [his] co-worker was missing.35
30. Mr. Gómez Virula’s parents testified before the Public Prosecution Service that “according
to the versions of people living close by,” two individuals had exited a white car and followed
Mr. Gómez Virula and ECG, and had grabbed Mr. Gómez Virula.36
B.
Report of the disappearance and initial measures
31. On March 13 and 14, 1995, Mr. Gómez Virula’s parents, Antonio Gómez Areano and
Paula Virula Dionicio, searched for their son on the premises of the National Police, and in
detention centers, hospitals and the morgue. 37 On the evening of March 14, Mr. Gómez Areano
reported his son’s disappearance to the Ombudsman.38 In his report, he indicated that he was
Cf. Report of the Public Prosecution Service of July 31, 1996 (evidence file, folio 434); statement made by ECG
before the Public Prosecution Service on March 24, 1995 (evidence file, folio 691), and witness statement made by
ECG on August 25, 1995, before the Sixth Trial Judge for crimes relating to drug-trafficking and the environment
(evidence file, folios 763 and 764).
32
Cf. Report of the Public Prosecution Service of July 31, 1996 (evidence file, folio 434); statement made by ECG
before the Public Prosecution Service on March 24, 1995 (evidence file, folio 691), and witness statement made by
ECG on August 25, 1995, before the Sixth Trial Judge for crimes relating to drug-trafficking and the environment
(evidence file, folio 764).
33
Cf. Report of the Public Prosecution Service of July 31, 1996 (evidence file, folio 434); transcript of the
statement made by Mr. Gómez’s uncle in the report of the Public Prosecution Service of March 20, 1995 (evidence
file, folio 699), and Report of the Homicides Section of the Criminal Investigations Department of the National Police
of March 19, 1995 (evidence file, folio 458).
34
Cf. Witness statement made by ECG on August 25, 1995, before the Sixth Trial Judge for crimes relating to
drug-trafficking and the environment (evidence file, folio 764).
35
Cf. Statement by Antonio Gómez Areano and Paula Virula Dionicio before the Public Prosecution Service of
April 18, 1995 (evidence file, folio 696).
36
37
Cf. Report filed before the Ombudsman on March 14, 1995 (evidence file, folio 412).
38
Cf. Report filed before the Ombudsman on March 14, 1995 (evidence file, folio 412).
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