General who had been the Armed Forces Secretary of State], as guilty of the violation of
article 114 of the Dominican Criminal Code; […] Second: [… to] refer him to the criminal
courts […] so that he may be tried in accordance with the law.” 137
120. On August 27, 2001, both Narciso González Medina’s family and the accused
contested decisions Nos. 195/2001 and 110/2001 by filing appeals. Both appeals were
decided on December 18, 2002, by the Santo Domingo Review Chamber (hereinafter also
the “Review Chamber”), declaring that, since there was insufficient evidence, “the judicial
prosecution of [the Major General who had been the Armed Forces Secretary of State] was
unfounded” and confirming the “decision of inadmissibility […] in favor of [… the General
who had been in charge of the A-2] and [the Lieutenant Colonel who had been Director of
Plans and Operations of the A-2).” 138
121. On May 26, 2004, the plaintiffs reiterated their civil complaint before the National
District Public Prosecutor. 139 On August 22, 2006, the National District Seventh
Investigating Court issued a certification on the status of the proceedings, indicating that,
following the ruling of December 18, 2002, delivered by the Santo Domingo Review
Chamber, the proceedings had been archived. 140
122. On May 2, 2007, the State informed the Inter-American Commission of its decision to
“reopen the investigation by the Public Prosecution Service in the case of the disappearance
of Mr. González, owing to the new Code of Criminal Procedure.” 141 However, as this Court
has already indicated (supra para. 76), the Dominican Republic has not presented specific
detailed information on the “reopening” of the criminal investigation in 2007, or a copy of
the corresponding case file, which had been requested, but rather forwarded a five-page
report prepared by the National District Public Prosecutor dated September 26, 2011.
123. Based on the statements made by two people who worked on this case as
prosecutors in 2007, the National District Public Prosecutor at the time appointed a
“committee of prosecutors who were in charge of the investigation relating to the
disappearance of Professor Narciso González.” 142 The committee of prosecutors proposed
investigating four hypotheses. 143 To investigate these hypotheses, the prosecutors took a
137
August 24, 2001, ruling of the Investigating Court, supra note 105, folio 4565, and Penal Code of the
Dominican Republic (file of attachments to the pleadings and motions brief, attachment 26, folio 5068).
138
Decision of December 18, 2002 of the Santo Domingo Review Chamber (file of attachments to the
application, attachment 15, folios 4568, 4605 and 4606). See also: certifications issued by the Secretary of the
Seventh Investigating Court on the remedies of appeal filed on August 27, 2001, against decisions Nos. 195/2001
and 110-2001 (merits file, tome V, folios 1983 a 1986), and appeal brief of October 24, 2001, filed by Constantino
Matos Villanueva before the Review Chamber (merits file, tome V, folios 1987 to 2004).
139
Cf. Brief reiterating the civil complaint of May 26, 2004, supra note 136, folios 3791 to 3816.
140
The parties and the Inter-American Commission all affirmed this fact. However, no evidence was provided
to the Court of this certification by the Seventh Investigating Court. Cf. Application brief (merits file, tome I, folio
152, para. 96); pleadings and motions brief (merits file, tome II, folio 357), and answering brief (merits file, tome
II, folio 705, para. 114).
141
Note MP-RD-OEA 313-07 of May 2, 2007, addressed to the Executive Secretary of the Inter-American
Commission and signed by the Ambassador and Permanent Representative of the Dominican Republic to the OAS
(file of attachments to the application, attachment 3, folio 1013).
142
Affidavit made by Francisco José Polanco Ureña on June 22, 2011 (merits file, tome III, folio 1090). Also,
cf. affidavit made by Dante Castillo Medina on June 22, 2011 (merits file, tome III, folio 1088).
143
Consisting in: “1. Narciso González was abducted by unknown individuals on May 26, 1994, and
subsequently murdered; 2. Narciso was arrested by the National Police or a State security agency owing to his
opposition to the Balaguer regime and, owing to his health problems he suffered a crisis and died; 3. Where could
the corpse of Narciso González be?; 4. Narciso González committed suicide in a place strategically chosen so that
40
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