raid, inspection and search of four houses connected with El Gato, Chelelo, Salomón and
Selvin. 203 The following day, this procedure 204 was carried out with the support of officers
from Precinct No. 31 of Escuintla, the Municipal Prosecutor of Santa Lucía Cotzumalguapa
and the Human Rights Prosecutor. These procedures concluded “with negative results.” 205
118. The file shows that the Presidential Commission for the Coordination of Human
Rights Policies in Guatemala (COPREDEH) requested information from the investigating
agent assigned to the case. In response, on April 2, 2009, the agent reported, 206 inter
alia, that “the investigations have established that the area where Mr. [A.A.] died, has
been the scene of several criminal acts [,] including [,] murders, presumably carried out
by common criminals,” and that “upon examining that criminal context” a hypothesis
emerged that A.A. had been killed by a criminal gang because he had apparently
witnessed the murder of a young man in that sector several days before his death (supra
para. 113).
119. In response to a request, the Assistant Prosecutor prepared a detailed report on
the case, which he sent to the Office of the Human Rights Prosecutor on July 20, 2009. 207
That report concluded that Mr. A.A.’s case continues under investigation, and that:
In this case Mrs. [B.A.], indicated Messrs. [L.L.] and [M.M.] as possible intellectual authors; however,
based on the investigation carried out there are no legal grounds to proceed against these persons,
since […]the involvement of the individuals mentioned […] has not been legally established.
120. Finally, during the proceedings before the Court, the State insisted that the
investigation would remain open. However, the representatives pointed out that M.M. had
died in 2010 and L.L. in 2012. 208
D.1.4. Investigation conducted by the Office of the Human Rights Ombudsman in
Escuintla (File REF.EXP.ORD.ESC.048-2004/DI)
121. In the context of the investigation opened on December 22, 2004, by the Office of
the Human Rights Ombudsman, it appears that on December 22, 2004, and on January 5
and 25, 2005, the Departmental Assistant of the Ombudsman’s Office called on the
Departmental Commissioner of the National Civil Police of Escuintla and the Departmental
Governor of Escuintla to conduct a thorough investigation into the crime reported and to
present the respective detailed report. 209 In this regard, the file of the Ombudsman’s
Special Prosecutor for Human Rights before the Court of First Instance for Criminal Matters, Drug trafficking and
Crimes against the Environment of Santa Lucía Cotzumalguapa (File of attachments to submission brief, pages 942
to 943); Record September 7, 2005 (File of attachments to submission brief, pages 944 and 945), and Brief of
September 8, 2005, of the head of the Municipal Public Prosecutor’s Office of Santa Lucía Cotzumalguapa (File of
attachments to submission brief, pages 937 and 938).
203
Cf. Decision of June 16, 2008, issued by the Judge of the Court of First Instance for Criminal Matters,
Drug trafficking and Crimes against the Environment of the Municipality of Santa Lucía Cotzumalguapa (File of
attachments to submission brief, pages 1273 to 1276 and 1294 to 1296).
204
Cf. Inspection, raid and search procedure of June 17, 2008 (File of attachments to submission brief, pages
1291 to 1293); Inspection, raid and search procedure of June 17, 2008 (File of attachments to submission brief,
pages 1296 and 1297); Procedure Inspection, raid and search procedure of June 17, 2008 (File of attachments to
submission brief, pages 1300 and 1301), and inspection, raid and search procedure of June 17, 2008 (File of
attachments to submission brief, pages 1304 to 1306).
205
Cf. Report of June 17, 2008, prepared by the Chief of Substation 31-43 of the National Civil Police of Santa
Lucía Cotzumalguapa (File of attachments to submission brief, page 1286), and Report of June 17, 2008 prepared by
the Chief of Substation 31-43 of the National Civil Police of Santa Lucía Cotzumalguapa (File of attachments to
submission brief, page 1287).
206
Cf. Report of April 2, 2009, submitted by the Prosecutor’s Agent to the Coordinator of the Technical
Coordination Secretariat (File of attachments to submission brief, pages 1320 and 1321), and Report of April 2, 2009
prepared by the investigating agent addressed to the Office of the Human Rights Prosecutor (File of attachments to
submission brief, pages 1326 and 1327).
207
Cf. Report of October 9, 2009, prepared by the Assistant Prosecutor and submitted to the Office of the
Human Rights Prosecutor (File of attachments to answer brief, pages 7316 to 7321).
208
Cf. Death certificate of L.L. (Merits file, page 2092).
209
Cf. Letter of December 22, 2004, of the Departmental Assistant of the Office of the Human Rights
Ombudsman of Escuintla (File of attachments to submission brief, page 898); Brief of January 5, 2005 of the
Departmental Assistant of Escuintla of the Office of the Human Rights Ombudsman addressed to the Departmental
Commissioner of the National Civil Police (File of attachments to submission brief, page 906), and Brief of January
25, 2005 of the Departmental Assistant of Escuintla of the Office of the Human Rights Ombudsman addressed to the
Departmental Governor of Escuintla (File of attachments to submission brief, page 911).
37
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