State in May 1994 when Mr. González Medina disappeared should be tried for having
“participated in his illegal detention,” an offense that was punished with “civil demotion.” 266
When analyzing forced disappearance, it is appropriate to consider that those who
participate in it do not necessarily do so from the start, as occurred with this attribution of
responsibility when the Judge took into account that, according to the probative elements,
the accused was not the person who first ordered the detention of Mr. González Medina, but
that he had taken part in the deprivation of his liberty subsequently. However, the Court
finds that the mere attribution of responsibility to a person for the said deprivation of liberty
does not involve the determination of responsibilities for other conducts, or for the
continuing violation that was being perpetrated during the seven years that had elapsed at
that time with no knowledge of the whereabouts of Mr. González Medina.
E.1.b) Omission in following up on logical lines of inquiry and in gathering
evidence
232. The Court reiterates that in cases of forced disappearance it is of vital importance
that the authorities in charge of the investigation pay special attention to the circumstantial
evidence, indications and presumptions (supra para. 134), thus avoiding omissions in
gathering evidence and following up on logical lines of investigation. 267
233. In this regard, the Court finds that the fact that not all the elements of the forced
disappearance were taken into considered is also reflected in the absence of logical lines of
investigation into Mr. González Medina’s forced disappearance that followed up on probative
elements and indications of decisive importance that pointed to the participation of State
agents in his disappearance, his detention in several State security agencies, and that
official documents relevant for the investigation had been lost, destroyed or altered. In
addition, the Court notes that there were omissions in the collection of evidence that related
to relevant aspects to determine what happened to Mr. González Medina, and in an inclusive
assessment of all the probative elements and indications that could have been useful to
clarify what happened to him.
234. First, the Court has noted 268 the absence of a line of inquiry that would have followed
up on the indications of loss, alteration and destruction of official documents that emerged
from several statements made before the Joint Board and in the judicial investigation, 269 as
266
August 24, 2001, ruling of the Investigating Court, supra note 105, folio 4537.
267
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, supra note 253, paras.
88 and 105, and Case of Contreras et al. v. El Salvador, supra note 51, para. 146.
268
The Court made this finding based on the judicial decisions provided. The case file of the judicial
investigation was not provided to the body of evidence.
269
Different statements made before the Joint Board and before the Investigating Judge contain elements
indicating that duty rosters corresponding to the Intelligence Division or Directorate of the Armed Forces
Secretariat of State (J-2) and the Air Force Intelligence Department (A-2) “disappeared” or were altered at the
onset of Mr. González Medina’s disappearance. In this regard, the Court has verified the existence of the following
statements: (a) testimony of Antonio Quezada Pichardo of March 12, 1998, before the National District Prosecutor,
supra note 189, folios 4014 and 4016. The testimony of Mr. Quezada Pichardo was not assessed in the Joint
Board’s report and he was not summoned to appear in the investigation conducted before the Seventh
Investigating Court or by the Review Chamber; (b) Testimony of June 2, 1998, given by Leonardo A. Reyes
Bencosme before the Joint Board (file of attachments to the application, attachment 13, folios 3885 to 3887), and
summary of testimony of January 10, 1997, given by Leonardo Alcides Reyes Bencosme before the Investigating
Court, cited in the August 24, 2001, ruling of the Investigating Court (file of attachments to the application,
attachment 14, folio 4361); (c) Testimony of January 27, 1999, given by Manuel Concepción Pérez Vólquez before
the Seventh Investigating Court (merits file, tome V, folios 1933 to 1934), and (d) Testimony of March 23, 1999,
given by Francisco Dolores Estevez Ramírez before the Seventh Investigating Court (merits file, tome V, folio
1948).
73
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