37 136. Based on the expansion of the preliminary proceedings ordered by the Supreme Court, the Third Prosecutor’s Office tried to obtain the sworn statement of General Manuel Antonio Noriega, but he refused to testify.103 On May 20, 2004, this Prosecutor’s Office concluded the preliminary investigation and recommended the dismissal of the case against three State agents; a stay of proceedings in the case against six State agents, and a summons to trial of the director of the “Los Pumas” Barracks in Tocumen at the time Heliodoro Portugal was detained.104 In this regard, on December 17, 2004, the Second Superior Court took the following decisions: (1) to open a criminal proceeding for the offense of homicide against the director of the “Los Pumas” Barracks in Tocumen at the time Heliodoro Portugal was detained; to revoke the precautionary measures imposed on him and to order his immediate detention; (2) to dismiss the case against two State agents because they were deceased; (3) to decree a stay of proceedings in the case against seven State agents, and (4) to establish an oral hearing for June 7, 2006.105 137. On July 6, 2006, the director of the “Los Pumas” Barracks in Tocumen who had been summoned to trial died, so that the proceedings did not end with a judgment, but with the declaration of the extinction of the criminal action owing to his decease, and the consequent filing of the case.106 138. Subsequently, on December 6, 2006, the Third Prosecutor’s Office requested the reopening of the preliminary proceedings to investigate the “disappearance and death” of Heliodoro Portugal, owing to “new evidence” that had been obtained by means of the testimony of former members of the former National Guard intelligence group, known as G2, indicating the presumed participation of a member of this unit in the reported facts.107 On November 30, 2007, the Second Superior Court ordered the re-opening of the preliminary proceedings, because it knew the identity of the person indicated by the Third Prosecutor’s Office as the possible perpetrator of the detention of Heliodoro Portugal, who had been named during the first stage of the investigation in a statement taken on April 4, 2001.108 * * * 139. Based on the facts described above, the Court must proceed to examine the possible violation of the rights established in Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1) thereof. 140. In previous cases, the Court has recognized that a basic principle of international 103 Cf. documents of the United States Department of Justice of January 22 and June 19, 2004 (file of appendixes to the brief with pleas and evidence, Volume II, fs. 4969 to 4978). 104 Cf. judicial order No. 192 issued by the Second Superior Court of Justice of the First Judicial District of Panama on December 17, 2004 (file of appendixes to the application, appendixes 1 and 2, appendix 37, fs. 303 and 304). 105 Cf. judicial order No. 192 issued by the Second Superior Court of Justice, supra note 104, fs. 323 to 325. 106 Cf. note published in the “LA PRENSA” newspaper on July 8, 2006, entitled “Muere teniente Coronel (r) Ricardo Garibaldo,” available at http://mensual.prensa.com/mensual/contenido/2006/07/08/hoy/panorama/ 663140.html (file of appendixes to the application, appendixes 1 and 2, appendix 48, fs. 425 to 427); and testimony give at the public hearing held on January 29, 2008, at the seat of the Inter-American Court of Human Rights by the witnesses Patria Portugal, José Antonio Sossa and Ana Matilde Gómez. 107 Cf. re-opening brief submitted by the Third Superior Prosecutor’s Office of the First Judicial District of Panama on December 6, 2006 (file of appendixes to the application, appendixes 1 and 2, appendix 38, fs. 329 to 334), and testimony given by Ana Matilde Gómez, before the Inter-American Court, supra note 52. 108 Cf. judicial decision No. 233 issued on November 30, 2007, by the Second Superior Court of Justice of the First Judicial District of Panama, and testimony given by Ana Matilde Gómez, before the Inter-American Court, supra note 52.