morgues, and published paid ads in press outlets 2 for the purpose of determining his whereabouts. 20. In addition, it appears that Mario Alcides Polanco Pérez filed writs of habeas corpus before the Supreme Court on behalf of the alleged victim on June 23, September 10, and October 15, 1997, which were declared inadmissible in 1998. 21. On November 25, 1997, Mr. Polanco went before the Supreme Court to request, pursuant to the provisions in Article 467 of the Code of Criminal Procedure of Guatemala, that a special inquiry procedure be instituted on behalf of Edgar Fernando García. That article provides: If a writ of habeas corpus has been filed, and the person on whose behalf if was requested is not found, and there were sufficient motives to affirm that he or she has been detained or held illegally in detention by a public servant, by members of the State security forces, or by regular or irregular agents, without any information being given as to his or her whereabouts, the Supreme Court of Justice, at the request of any person, may: (1) Order the Public Ministry to report to the court, within no more than five days, as to progress and results of the investigation, on the measures taken and sought, and on those pending. The Supreme Court of Justice may abbreviate this period when necessary. (2) Entrust the inquiry (preparatory procedure), in excluding order: (a) To the Human Rights Ombudsperson. (b) To an entity or association legally established in the country. (c) To the 3 victim’s spouse or next-of-kin. 22. The Supreme Court opened case 1-97 (Special Inquiry Procedure) and on April 17, 1998, ordered the Public Ministry to investigate, within no more than five days, what was set forth in the memorial presented by Mario Polanco, and to report the result. On March 3, 1999, the Supreme Court reiterated the order to the Public Ministry, which was answered on March 11, 1999. In the note, the Public Ministry reports that it took a statement from Mrs. María Emilia García, Edgar Fernando’s mother, and that it would take a statement from the owner of the vehicle whose license plate was apparently identified during his detention. 23. On April 22, 1999, the Criminal Chamber of the Supreme Court of Justice received the request for a special inquiry procedure on behalf of Edgar Fernando García, and entrusted the inquiry to the Human Rights Ombudsman. In the resolution, the Supreme Court determined that in order to effectively carry out his mandate, the Ombudsman was considered to share the standing of the agents of the Public Ministry, enjoying all the powers and duties inherent in that position, and ordering the officers and employees of the State to duly cooperate with the Ombudsman. Finally, the Supreme Court ordered that the Ombudsman present the results of his inquiry no later than June 10, 1999, and designated the Fourth Criminal Judge of First Instance, Drug-trafficking, and Crimes against the Environment to oversee the investigation. 24. According to the information provided by the petitioners as of the date of this report, the Human Rights Ombudsman continues to take cognizance of the special inquiry procedure, without there being any results to date in the investigation into the illegal detention and forced disappearance of Edgar Fernando García. 25. It appears that the domestic remedies pursued since 1984 by the family of Edgar Fernando García and by the petitioners have not obtained satisfactory results. As has been stated, the many initiatives taken by the family and friends of Edgar Fernando García since the very day of his arbitrary detention and subsequent forced disappearance, for the purpose of determining his whereabouts, and to have the persons responsible investigated, prosecuted, and punished – including actions before the Judicial branch and the Executive branch – are a matter of record. In addition, since April 22, 1999, the investigation has been in the hands of the Human 2 The record includes a series of press notes, including paid ads, urging that information be provided as to the whereabouts of Edgar Fernando García. 3 Article 467 of the Code of Criminal Procedure of Guatemala. 4