27
communication No. 177, accused of the crimes of unlawful traffic
pharmaceutical products, drugs or narcotic substances, and active bribery.
in
(cfr. Official communication of June 13, 1988, signed by Judge Otto Fernando Palma-Chacón,
Twelfth Examining Magistrate and addressed to the Seventh Court of Criminal First Instance).
8.
Concerning Mr. Erik Leonardo Chinchilla:
a.
Mr. Mario Ricardo Alvarez-Guevara testified that he saw Mr. Erik
Leonardo Chinchilla at 4:35 p.m. when he left with some men in "his pick-up
truck." He further testified that a friend called Romeo had told him that he had
witnessed the kidnapping and that the kidnapper was a thin man of medium
height, with dark wavy hair, wearing light clothes and dark glasses, and that
he took away Mr. Chinchilla’s keys and carried him off in his own "pick-up"
followed by another gray or light blue "pick up." The witness made the same
statement in police report of July 23, 1992.
(cfr. Interview with Mario Ricardo Álvarez-Guevara, recorded in police report of February 20, 1988;
interview with Mario Ricardo Álvarez-Guevara, recorded in police report of July 23, 1992).
b.
Ms. María Luisa Chinchilla-Ruano, Mr. Erik Leonardo Chinchilla’s mother,
testified that on the day before his death, her son told her that he had been
involved in an accident with two individuals who had identified themselves as
bodyguards of Mr. Julio Caballeros, Director of the National Police; they
threatened him and forced him to sign a document for payment of damages.
On the day of her son’s death a friend of his told her that he had seen him
arguing around 4.00 p.m. with persons unknown who had taken him away.
From the friend’s description, one of them appeared to be the person with
whom he had had the aforesaid incident.
(cfr. Interview with Ms. María Luisa Ruano, recorded in police report of February 20, 1987 (rectius
1988)).
c.
Mr. Nicomedes Castillo-Guzmán, Mr. Chinchilla’s biological father, said
that he spoke to the bodyguard involved in the traffic accident with his son,
who was a man of light brown complexion, thin, with very short semi-straight
semi-wavy hair, and that one of the three men that kidnapped his son had the
same physical characteristics as the bodyguard who spoke to him. That the
witness called “Darwin” saw a gray "pick-up with a camper" intercept Erik
Chinchilla’s car, saw some people arguing with him and then take him away in
his own vehicle, following it in another. In a subsequent statement, he also said
that when the "pick-up" intercepted Mr. Chinchilla’s car, the latter said
something like "IT WAS NOT MY FAULT."
(cfr. Interview with Mr. Nicomedes Castillo-Guzmán, recorded in police report of February 22, 1988;
interview with Mr. Nicomedes Castillo-Guzmán, recorded in police report of July 23, 1992).
d.
Mr. Manuel de Jesús Bautista-Marroquín said that his sister informed him
that they had killed someone in the field, that he heard shots and went to the
National Police to report the incident.
(cfr. Interview with Mr. Manuel de Jesús Bautista-Marroquín recorded in police report of February
23, 1987 (rectius 1988)).
e.
Ms. María Cristina Bautista-Marroquín said that she heard a number of
shots and told her brother and that, according to the neighbors, three unknown