229. First, on December 20, 2004, the day of the events and some hours after the
murder, the investigating agent assigned by the Criminal Investigation Service of Precinct
31 of the National Civil Police, interviewed a local resident, E.E., who stated that at
approximately 11:00 hours and “in the company of a sister-in-law, [M.I.]”, she had seen
A.A. passing by on his bicycle: “behind [him] there were two young guys, also on bicycles,
but I couldn’t see them too well because people were burning sugarcane leaves and you
couldn’t see properly because of the smoke. I didn’t see the men’s faces, I only remember
that one of them was wearing a red T-shirt, but I didn’t take any notice.” 347 Approximately
a year and a half later, on May 24, 2006, in a statement to the DICRI investigators, this
witness changed her account and stated that: “at around 10:30 or 11:00 hours, I saw Mr.
[A.A.] near the railway line, riding his bicycle, as he always does.” When she was asked
whether she had seen any other individuals behind Mr. A.A., she replied that she could not
see “because that day people were burning sugarcane and there was a lot of smoke”,
adding that she did “not hear any gunshots.” 348
230. Second, on May 24, 2006, 349 M.I. informed the DICRI investigators that: “[o]n
December 20, at around 11:00, when I was walking along […] with Mrs. [E.E.] […] I saw
Mr. [A.A.], leaving the road […] heading toward his home; behind him, I noticed two guys
on bicycles, about 15 meters away, one was light-skinned, the other tall and dark, about
1.60 meters tall. They were between 28 and 30 years old. One wore a blue T-shirt with a
red cap, and the other a red T-shirt with a blue cap.” She added that one of the individuals
“has the characteristics of someone known by the […] alias of Nito.” Subsequently, on
March 3, 2007, 350 and January 16, 2014, 351 she stated before the Assistant Prosecutor and
before this Court, respectively, that: “my sister-in-law told my mother that the man
known as Selvin killed Mr. [A.A.] but I have no idea why he did it.” She added, “that’s
what I was going to say at the prosecutor’s office and I was already getting changed, but
that morning Mrs. [E.A.] called me and told me not to go, but she didn’t say why, and I
remember that she also said that if the investigators came, not to tell them that, because
they say that Selvin has weapons.” She also stated that “my mother told me not to get
involved in this case anymore because Selvin is really dangerous because he’s a criminal.”
In addition, before this Court this witness admitted “[m]y sister-in-law denies all this now,
but because she’s afraid” and “now I’m scared to talk.”
231. Third, the Court has confirmed that although in the interviews and statements
taken, witnesses mentioned the presence of several people at the crime scene and near
the body, subsequently and aside from the statements of the two witnesses mentioned in
the preceding paragraphs (supra paras. 229 and 230), five individuals were identified and
interviewed. All said they had not seen what had happened. 352
232. Fourth, on January 20, 2005, the DICRI investigator interviewed several villagers
from Cruce de la Esperanza, in Santa Lucía Cotzumalguapa, Escuintla, who provided
consistent information, but “for fear of reprisals did not identify themselves” (supra para.
219).
233. Fifth, the former Prosecutor’s agent assigned to the investigation explained that in
order to take the statement of a female witness, on May 24, 2006, considering that the
area was “conflictive and dangerous” and “because it was the first contact that the
[DICRI] investigators had with the [witness], [he ordered] the investigators to accompany
Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 23, 2013. Series C No. 266, para.
173.
347
Cf. Official letter 16-2004 of the District Prosecutor’s Office of the Public Prosecution Service, Santa Lucía,
Cotzumalguapa, of December 21, 2004 (File of attachments to submission brief, pages 916 to 918).
348
Cf. Report prepared on June 21, 2006, by the Criminal Investigations Specialists of the Public Prosecution
Service (File of attachments to submission brief, pages 1152 to 1156).
349
Cf. Report prepared on June 21, 2006, by the Criminal Investigations Specialists of the Public Prosecution
Service (File of attachments to submission brief, pages 1152 to 1156).
350
Cf. Statement of March 13, 2007 (File of attachments to submission brief, pages 1211 to 1213).
351
Cf. Statement of M.I. rendered by affidavit on January 16, 2014 (Merits file, pages 654 to 662).
352
Cf. Statement rendered by an agent of the National Civil Police of Santa Lucía Cotzumalguapa (File of
attachments to submission brief, pages 860 to 862); Interview conducted by the DICRI investigators on January 20,
2005 (File of attachments to submission brief, pages 1060 to 1065); Interview conducted by the DICRI investigators
on July 26, 2005 (File of attachments to submission brief, page 932); Interview conducted by the DICRI
Investigators of July 26, 2005 (File of attachments to submission brief, page 933); Interview conducted by the
DICRI investigators on July 26, 2005 (File of attachments to submission brief, page 933); Interview conducted by
the DICRI investigators on May 24, 2006 (File of attachments to submission brief, page 1153), and Interview
conducted by the DICRI investigators on May 24, 2006 (File of attachments to submission brief, page 1153).
69
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