methods, no sexually-transmitted diseases, last pap smear five years ago, patient says pregnancy is the result of infidelity."35 61. Additionally, the report states that the alleged victim said that "I don't know if the fetus fell on the ground or if the cord was torn, my sister says that my mother cut the cord and buried the child, according to my sister, the child was stillborn."36 62. On February 29, 2008, the Office of the Attorney General of the Republic filed a request for the formal preliminary investigation to begin with the provisional detention of Manuela for the crime of aggravated homicide to the detriment "of her newborn son.”37 On March 2, 2008, the Cacaopera Justice of the Peace granted the request and issued an arrest warrant for Manuela “for the legal term of inquiry.”38 63. On March 3, 2008, the first hearing was held in the criminal proceeding before the Cacaopera Justice of the Peace, Department of Morazán. The alleged victim was not present because "she had not been transported to this Court by agents of the Inmate Transfer Section of the Eastern Zone of San Miguel, due to lack of personnel."39 During the hearing, the Office of the Public Prosecutor again asked the Court to order the preliminary investigation with the provisional detention of Manuela, arguing that: We are dealing with an incident defined by law as the crime of AGGREVATED HOMICIDE, which, given that its punishment exceeds the maximum prison term, is considered a very serious crime, and as in this case, the legal right protected is physical integrity, which has been violated to the detriment of a newborn male, the State’s comprehensive protection is needed, for which reason it is presumed that the accused (...) could obstruct specific parts of the investigation (...) as existing evidence indicates that she also could evade justice by fleeing. It should also be taken into account that Article 294, paragraph 2 of the criminal procedural code is clear that the only measure available in these types of crimes is pretrial detention, given the nature of the crime (...).”40 64. The judge granted the formal preliminary investigation and ordered the alleged victim be held in pretrial detention while she received medical care at the maternity ward of the Hospital Nacional de San Francisco Gotera, leaving her at the disposal of the Second Trial Court.41 The judge stated that: (...) pretrial detention is granted (...) for the purpose of protecting the investigation into the real truth of the facts (...) it also assumes that the accused person in question will try to evade the punishment to be handed down for the crime committed and could obstruct the specific acts of the investigation by hiding or even threatening witnesses; in addition to the crime committed by the aforementioned accused with regard to harm to her newborn child, she has caused social upheaval within Caserío Las Mesas (…) and neighboring communities, which abhor the improper conduct committed by the aforementioned accused (...). (...) a FORMAL PRELIMINARY INVESTIGATION WITH PRETRIAL DETENTION is therefore ordered (...) on finding sufficient evidence to reasonably conclude that the accused is likely the Annex 14. Criminal case file TS066/2008. Official Letter 2008-5440-0, issued by Dr. Héctor Antonio Hernández Flores, director of the Hospital Nacional de San Francisco Gotera of February 29, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 19. 36 Annex 14. Criminal case file TS066/2008. Official Letter 2008-5440-0, issued by Dr. Héctor Antonio Hernández Flores, director of the Hospital Nacional de San Francisco Gotera of February 29, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 19. 37 Annex 15. Criminal case file TS066/2008. Request for formal preliminary investigation with pretrial detention of February 29, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 1-4. 38 Annex 16. Criminal case file TS066/2008. Resolution of the Cacaopera Justice of the Peace, Department of Morazán of February 2, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 28. 39 Annex 17. Criminal case file TS066/2008. Record of the first hearing of the criminal proceeding against Manuela of March 3, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 37. 40 Annex 17. Criminal case file TS066/2008. Record of the first hearing of the criminal proceeding against Manuela of March 3, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 41.1. 41 Annex 18. Criminal case file TS066/2008. Decision to grant the preliminary formal investigation and pretrial detention of the Cacaopera Justice of the Peace of March 3, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 47. 35 10