investigation into the facts; took statements of family members and friends of Mr. Garzón Guzmán, as well as of the owners and employees of the places that he visited on the day of his disappearance; visited clinics, detention centers and the morgue and reviewed migratory movements.38 None of these actions was successful. 47. On December 3, 1990, one of the friends who was with Mr. Garzón Guzmán at the discotheque was summoned to give testimony at the Department of Homocides of the SIC-P. There, she was “accused of being an active member of the Montoneras Patria Libre group,” of being romantically involved with Mr. Garzón Guzmán and was threatened. In addition, her identification document was confiscated and not returned until December 4, 1990.39 48. From the moment of the occurrence of the events, the mother of Mr. Garzón Guzmán, accompanied by family members of victims of human rights violations, went to the plaza in front of the Office of the President of the Republic to demand justice, the right to know the truth and that the body of her son be delivered to her.40 49. More than ten years after the disappearance, on May 4, 2003, a newspaper published an article on General Edgar Vaca, which stated that “a former Intelligence Officer of the Army” assured “that General Vaca knows the whereabouts of the remains of Gustavo Garzón and he knows how Arturo Jarrín, a leader of the AVC [Alfaro Vive Carajo] was killed in the 80s.” When he was questioned about being the mastermind of a police force that tortured and killed members of “Alfaro Vive Carajo,” General Vaca responded that “then I had a hierarchical position and over me there was a whole institutional structure. It was not a policy of Edgar Vaca against the criminals, but of the institution in fulfillment of its institutional mission.”41 50. On May 5, 2003, the Ecumenical Commission of Human Rights, the representative of the alleged victims, sent communications to the Ministers of Government and of Defense and requested them to order an exhaustive investigation into what had been published in the newspaper. There was no answer.42 51. In June 2003, the newspaper “El Comercio” published an article in which it stated that “General Vaca knows exactly the whereabouts of the remains of Gustavo Garzón”43 and another in which a friend of Mr. Garzón Guzmán asserted that the day of the events, he told him “I know that they are following me, the agents are following my steps.” This latter article stated that a military intelligence officer had said that “behind the disappearance of the writer were the security forces of the State.” 44 52. On May 3, 2007, by Executive Decree No. 305, a Truth Commission was formed in Ecuador with the purpose of investigating the human rights violations that occurred between 1984 and 1988. On June 6, 2010, the Truth Commission presented its final report “Without 38 Cf. Information Report No. 051-SICP of January 8, 1991 to the Provincial Head of Criminal Investigations of Pichincha (evidence file, folios 4431 to 4434). Cf. Vol. 4: Case Histories 1989 – 2008. Final Report of the Truth Commission of Ecuador, 2010 (evidence file, folio 3449). 39 40 Cf. Statement of Clorinda Guzmán in the public hearing held on January 27, 2021. 41 “Vaca, so powerful as to be untouchable.” “El Comercio,” May 4, 2003 (evidence file, folio 40). Cf. Note 349 CEDHU/2003 of May 5, 2003, sent by the representative to the Minister of Goverment and the Minister of Defense (evidence file, folios 42 to 45). 42 43 “The dark side of antisubversive espionage.” “El Comercio,” June 18, 2003 (evidence file, folio 49). 44 “A search without echo of the disappeared.” “El Comercio,” May 19, 2003 (evidence file, folio 47). 13

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