15 Torres’s son said that on the day his father was arrested, “he only saw that they were hitting [his] father and that a man would tell him not to look.”43 65. Following his arrest, Mr. Ruano Torres was transferred to the Criminal Investigation Division of the National Civil Police in the city of Guazapa.44 On that same day, he was given a medical examination which found that José Agapito Ruano Torres exhibited lacerations around his neck, thorax and shoulders and scars on his nose and on his thighs.45 José Agapito Ruano Torres was transferred to the main penitentiary “La Esperanza” in the Cantón San Luis Mariona de Ayutuxtepeque.46 66. Furthermore, according to the arrest record of Mr. Ruano Torres, he was assigned Mr. Alonso Bonilla Evenor as Public Defender.47 There is no evidence in the case file of this attorney being involved in any legal actions following the arrest of José Agapito Ruano Torres. 67. On October 18, 2000, assistant prosecutors in the Office of the Attorney General of the Republic requested that the various suspects in the kidnapping of Mr. Jaime Rodríguez Marroquín, including José Agapito Ruano Torres, be provisionally detained.48 The request was based on the presumed flight risk presented by the suspects and the impediment to specific actions in the investigation.49 On that same day, the Magistrate’s Court of Tonacatepeque ordered that the suspects be held in jail and scheduled a preliminary hearing.50 According to José Agapito Ruano Torres’s statement, when one of the individuals charged with Mr. Marroquín’s kidnapping was taken to the detention center, he told the police, “you’re mistaken […] that isn’t Chopo.”51 B. Criminal proceedings against José Agapito Ruano Torres 68. The preliminary hearing was held on October 20, 2000, before the Magistrate’s Court of Tonacatepeque. Public Defenders Mario Chávez Corvera and Soraya Melanie Contreras were assigned to assist and represent four of the accused, to wit: José Agapito Ruano Torres, José Ruano López, José Orellana Pérez and José León Pérez.52 According to the record of that hearing, the accused were asked if they wanted to make statements regarding the facts, to which the accused, including José Agapito Ruano Torres, responded that they would refrain from making any statements.53 Afterwards, Mr. Ruano Torres stated that he wanted to point out that it was his brother Rodolfo who was known as Chopo and 43 Annex 5. Statement of Oscar Manuel Ruano Guevara to the Human Rights Commission of El Salvador. Annex to the petitioner’s observations dated March 19, 2009. 44 Annex 1. Written communication No. 182 of the Criminal Investigation Division of the National Civil Police dated October 17, 2000, page 250, criminal case file 77-2001-2. 45 Annex 1. Medical Examination Report of the National Civil Police dated October 17, 2000, page 226, criminal case file 77-2001-2. 46 Annex 1. Brief of the Court of First Instance in and for Tonacatepeque, dated October 27, 2000, page 330, criminal case file 77- 47 Annex 1. Record of identification and rights of the accused dated October 17, 2000, page 276, criminal case file 77-2001-2. 48 Annex 1. Brief of the Office of the Attorney General of the Republic dated October 18, 2000, page 5, criminal case file 77-2001-2. 49 Annex 1. Brief of the Office of the Attorney General of the Republic dated October 18, 2000, page 4, criminal case file 77-2001-2. 50 Annex 1. Brief of the Magistrate’s Court in and for Tonacatepeque dated October 18, 2000, page 281, criminal case file 77-2001-2. 51 Annex 6. Written communication of José Agapito Ruano Torres, received by the IACHR on July 8, 2013. 52 Annex 1. Magistrate’s Court in and for Tonacatepeque, Preliminary Hearing, October 20, 2000, page 299, criminal case file 77- 53 Annex 1. Magistrate’s Court in and for Tonacatepeque, Preliminary Hearing, October 20, 2000, page 299, criminal case file 77- 2001-2. 2001-2. 2001-2.