Office contains a copy of the investigation report of December 21, 2004, 210 prepared by the investigating agent assigned by the Criminal Investigation Service of Precinct 31 of the National Civil Police of Escuintla (supra para. 103). On December 23, 2004, the Departmental Assistant of the Ombudsman’s Office asked various units of the National Civil Police to provide security measures for Mrs. B.A. and her family; however, there is no record that such measures were implemented (supra para. 95). The investigator assigned by the Ombudsman’s Office also issued four reports on the investigation dated December 23, 2004, and January 3, February 7 and March 22, 2005, confirming that several investigative procedures had been performed. 211 122. On March 22, 2005, the investigator assigned by the Ombudsman’s Office discovered that the file concerning Mr. A.A.’s death held by the Prosecutor’s Office of the Public Prosecution Service of Santa Lucía Cotzumalguapa had been forwarded to the Office of Human Rights Prosecutor. 212 Therefore, on June 7, 2005, the Departmental Assistant of the Ombudsman’s Office assumed the task of Human Rights Prosecutor in order to gather information on the criminal investigation and confirmed that the file was under investigation. 213Finally, in a decision on June 8, 2005, the Human Rights Ombudsman decided: I. To declare the violation of the right to life of Mr. [A.A.]. II. To suspend its action in this case, considering that the facts which prompted the opening of the Merits file, are known and investigated by the Office of the Special Human Rights Prosecutor of the Public Prosecution Service of Guatemala City. III. To certify a copy of this file for the Office of the Special Human Rights Prosecutor of the Public Prosecution Service of Guatemala City, so that it may be incorporated into case number 162005 […], in order to support the investigation […]. 214 D.2. Investigation into the alleged harassment of B.A. 123. On January 21, 2005, that is, during the period immediately after Mr. A.A.’s death, Mrs. B.A. filed a complaint before the Public Prosecution Service, alleging that on “January 14, 2005, at approximately 7pm in the evening, she was traveling from Santa Lucía Cotzumalguapa to Escuintla, with Mr.[GB], driving her pick-up truck, when she noticed that it had been doused with a liquid, covering the roof, cargo bed and the windscreen, affecting their visibility, and so they stopped […], they presume that the liquid was gasoline.” When interviewed about this matter, B.A. and G.B. stated that they “could not see the license plates of the vehicles nearby because of limited visibility.” The Department of Criminal Investigations, which was ordered to investigate the incident, reported that “it was not possible to identify anyone who witnessed this act.” The Court of First Instance of Santa Lucía Cotzumalguapa dismissed the case of B.A. on February 28, 2008. 215 In this regard, it is a proven fact that in a brief dated June 23, 2008, the Office of the Human Rights Prosecutor was informed of a complaint filed on January 21, 2005, and that B.A. “had not asked to be included in the Witness Protection Program.” 216 210 Cf. Memorandum of the investigation of February 7, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 913 to 918). 211 Cf. Memorandum of the investigation of December 23, 2004, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 901 to 905); Memorandum of the investigation of January 3, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 907 to 909); Memorandum of the investigation of February 7, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 913 to 915), and Memorandum of the investigation of March 22, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 924 and 925) 212 Cf. Memorandum of the investigation of March 22, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 924 and 925). 213 Cf. Record of procedure of June 7, 2005, prepared by first officer of the Departmental Office of the Human Rights Ombudsman in Escuintla (File of attachments to submission brief, page 926). 214 Cf. Decision of June 8, 2005 of the Human Rights Ombudsman (File of attachments to submission brief, pages 927 and 928). 215 Cf. Report sent on July 20, 2009, by the Assistant Prosecutor of the Office of the Human Rights Prosecutor (File of attachments to submission brief, pages 7316 to 7321), and complaint filed by B.A. on January 21, 2005 (File of attachments to answer brief, page 1405). 216 Cf. Brief submitted on June 23, 2008 to the Human Rights Prosecutor (File of attachments to submission brief, page 1284). 38

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