24. The Court notes that, in the instant case, a copy of the file with all the measures taken during the investigation has not been provided. During the public hearing, the Court asked the State to forward a complete copy of the case file. The State forwarded a copy of the file of the Public Prosecution Service. However, this documentation does not include items such as copies of all the statements received or a record of the archive of the case file. The Court will establish the facts based on the evidence provided by the parties. However, it finds it necessary to note that it is uncertain whether this specifies all the measures taken during the domestic investigation. 25. Based on the arguments presented by the parties and the Commission, the main facts of the case will be described as follows: (A) the disappearance of Mr. Gómez Virula; (B) the report of the disappearance and initial measures, and (C) the discovery of Mr. Gómez Virula’s body and subsequent investigations. A. Disappearance of Mr. Gómez Virula 26. Alexander Yovany Gómez Virula was 22 years of age at the time of his disappearance on March 13, 1995.23 He worked for RCA, a maquila manufacturing company.24 He had also been a member of the advisory board of the company’s labor union since October 3, 1994.25 The labor union was affiliated to the Unión Sindical de Trabajadores de Guatemala (hereinafter “UNSITRAGUA”).26 27. In August 1994, RCA closed down and dismissed its workers without giving them their employment entitlements.27 UNSITRAGUA indicated that, as a result of this closure, the workers went on strike inside the factory and this ended with their eviction “after they had received forceful threats by those who carried out the violent eviction.”28 In this situation, the labor union to which Mr. Gómez Virula belonged organized a series of activities with the aim of ensuring “compliance with the labor rights invoked by the former workers of the RCA maquila company, supported by the UNSITRAGUA labor union federation.”29 According to UNSITRAGUA, in March 1995, almost 70 workers continued “resisting and fighting legally for their right to work and to join a labor union.”30 28. According to existing information, on March 13, 1995, Mr. Gómez Virula went to the UNSITRAGUA headquarters together with other members of the RCA labor union “to receive the bi-monthly financial support of 100.00 quetzals provided by UNSITRAGUA.”31 During this 23 Cf. Identity card of Alexander Yovany Gómez Virula (evidence file, folio 658). 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 762), and Report of the Public Prosecution Service of March 20, 1995 (evidence file, folio 698). 24 Cf. Report of the Guatemalan Labor Registry Department of August 21, 2018 (evidence file, folio 516), and Communication of October 3, 1994, signed by the Labor Director General (evidence file, folio 675). 25 26 Cf. Decision of the Ombudsman of November 6, 1995 (evidence file, folio 419). Cf. Report of the Public Prosecution Service of July 31, 1996 (evidence file, folio 434); UNSITRAGUA communiqué of March 17, 1995 (evidence file, folio 414), and UNSITRAGUA report “Urgent Action” on March 15, 1995 (evidence file, folio 416). 27 Cf. Complaint filed by UNSITRAGUA before the national and international community on March 17, 1995 (evidence file, folio 414). 28 Cf. Report of the Guatemalan Public Prosecution Service in response to a request by COPREDEH dated July 31, 1996 (evidence file, folio 434), 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 763). 29 Cf. Complaint filed by UNSITRAGUA before the national and international community on March 17, 1995 (evidence file, folio 414). 30 Cf. Report of the Public Prosecution Service of July 31, 1996 (evidence file, folio 434); report filed before the Ombudsman on March 14, 1995 (evidence file, folio 412), and UNSITRAGUA communiqué of March 15, 1995 (evidence file, folio 414). 31 8