197. On April 23, 2007, the Ninth Court agreed to admit the proceedings and established a preliminary hearing for May 22, 2007.249 The hearing was postponed seven times, given the non-appearance of the prosecutor on two occasions and of the accused and their defense counsel on five occasions. Consequently, on May 28, 2009, the prosecution asked for an arrest warrant against the four accused, and this was granted on June 9, 2009. On June 8, 2011, the judge reviewing the case, which had been archived, found that some matters were pending and again established a preliminary hearing and that the arrest warrants required ratification, so she proceeded to make the corresponding request and to require the preliminary hearing for June 20, 2011.250 198. On July 27, 2011, copies of the arrest warrants of June 8, 2011, for two of the accused were sent to the Investigation Unit, and the Unit was requested to obtain results by August 4, 2011. The results were received on August 5, 2011, and included the criminal investigation record of July 29, 2011, which confirmed that one of the accused was working in the Camatagua Police Station, and the other had been discharged in 1999. On August 6, 2011, the arrest warrant against one of the accused was executed, a judicial measure of deprivation of liberty was required, and the date of the preliminary hearing was set for September 28, 2011.251 2. Investigation of the searches, destruction and theft at the homes of Justina Barrios, Elbira Barrios, Brígida Oneyda Barrios and Orismar Carolina Alzul García and Luis Alberto Barrios 199. On December 2 and 4, 2003, Brígida Oneyda Barrios and Luis Alberto Barrios, respectively, filed separate complaints for entry, theft and destruction of property in their homes; the former denounced a police agent as the perpetrator, and the latter also reported that several parts of his house had been set fire to.252 On December 9, 2003, the Children’s Ombudsman visited the home of Orismar Carolina Alzul García and Luis Alberto Barrios, confirming that several parts of the house had been set on fire.253 On December 10, 2003, Mrs. Alzul Garcia also filed a complaint.254 On December 12, 2003, the Fourteenth Prosecutor opened the corresponding criminal inquiry, requesting different measures.255 On December 5 and 16, 2003, and on January 18 and February 28, 2004, the Investigation 249 Cf. Proceedings of the Ninth Court of April 23, 2007 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folios 3164 and 3165). 250 Cf. Decision of the Ninth Court to delay the preliminary hearing, of May 22, 2007 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3173); Note No. 1304-11 of the Ninth Court of June 8, 2011 (merits file, tome V, folios 2366 and 2367), and Annual Report of the Office of the Prosecutor General of the Republic, attachment 2.17 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1, folio 3180). 251 Cf. Aide-mémoire of the Twentieth Prosecutor of August 10, 2011 (merits file, tome VI, folio 2502). 252 Cf. Complaint filed by Brígida Oneyda Barrios on December 2, 2003, supra note 171, folios 3218 to 3220, and Complaint filed by Luis Alberto Barrios on December 4, 2003, supra note 172, folios 3221 to 3223. 253 Cf. Record of visit by the Office of the Children’s Ombudsman, supra note 174, folio 3225, and Social study of the Office of the Children’s Ombudsman of December 9, 2003 (file of attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome I, folio 3227). 254 Cf. Complaint filed by Orismar Carolina Alzul García on December 10, 2003, supra note 172, folio 3224. 255 Corresponding to (a) technical inspection of the site by the police; (b) interviews with possible witnesses; (c) request for documentation on the stolen artifacts; (d) identification of the officials attached to the Guanayén Police Station, possible perpetrators of the acts; (e) interview with all the victims; (f) police technical inspection of the daily logbooks for those days, and (g) careful appraisal. Cf. Order to open the investigation of the Fourteenth Prosecutor of the Public Prosecution Service of December 12, 2003 (file of attachments to the Commission’s Report No. 11/10, attachments 1 to 5, tome I, folio 3249). 66

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents