Historical Archive of the National Police. The documents, certifications and records found in
the Archive revealed that the National Police did have information about Mr. García’s
detention, contrary to the information provided in response to the requests for information
by the judicial authorities and the Public Prosecution Service, and in response to the
applications for habeas corpus and the special investigation procedure. Furthermore, the
emergence of the Diario Militar in 1999 also revealed that the military authorities were very
probably aware of Mr. García’s detention, despite the denial of his detention sent in
December 1997 in response to the application for habeas corpus.
3. Due diligence in the investigations
146. Regarding the special investigation procedure, the Court stresses that it was
requested in November 1997; it was considered “filed” in February 1998 and, finally, it was
declared admissible and mandated to the PDH in April 1999 (supra paras. 75 and 76 and
footnote 94). The Court points out that it has not been provided with accurate and detailed
information on the measures taken by the PDH in compliance with this mandate, 224 but it
observes that the file on that procedure before the Supreme Court of Justice reveals long
periods of inactivity and numerous requests for an extension (supra para. 78), without any
progress in the investigation being reported until 2005 when the Historical Archive of the
National Police appeared. Despite this, the Court observes that it was not until 2009 that
four presumed perpetrators were identified, arrest warrants were issued against them, and
formal charges were filed against two of them, based on the information found in the
Historical Archive of the National Police.
147. In this regard, the Court notes that the parties did not provide a copy of the court
record of the criminal proceedings, but only copies of the expert opinions given before the
respective criminal court, the recorded testimony of Danilo Chinchilla Fuentes, and the
corresponding first and second instance judgments convicting the two above-mentioned
perpetrators of the forced disappearance of Edgar Fernando García (supra para. 81). The
Court greatly appreciates the progress that has been made in the identification and
punishment of some of those responsible in this case and also takes note of the measures
taken by the Public Prosecution Service 225 and the Guatemalan judicial authorities in order
to charge and prosecute two of the perpetrators of the acts. The Court also takes note of
224
The requests for an extension presented by the PDH reveal that the following measures, inter alia, had
been taken: reception of the testimony of Aura Elena Farfán; inspection of and search for information in the
Historical Archive of the National Police: steps involving activists of the Grupo de Apoyo Mutuo”; tracing of
individuals who were close to the disappeared person in order to obtain testimony; summons of persons who could
have information on the case, and “coordination with next of kin and representatives of different human rights
organizations, who could contribute to the investigation.” Briefs of the Ombudsman requesting an extension dated
February 9, April 26, May 9, August 29 and November 30, 2005, March 19, July 18 and October 23, 2006, and
February 6, 2007 (file of annexes to the Merits Report, tome II, annex 31, folios 307, 315, 316, 324, 325, 333,
334, 342, 343, 352, 353, 367, 368, 376, 377, 395 and 396).
225
According to the testimony of the witness for the State, Manuel Giovanni Vasquez Vicente, the following
measures have been taken: expertise of the historical and political context of the forced disappearance of Edgar
Fernando García; expertise psychosocial and on the aftereffects of the forced disappearance of Edgar Fernando
García; archival expertise on the documents found in the Historical Archive of the National Police concerning the
case of Edgar Fernando García; statistical expertise on the Historical Archive of the National Police; expertise on
the police structure; expertise on United States declassified documents related to the case of Edgar Fernando
García; expertise on the juridical regulation, official operation and actual practice of the remedy of habeas corpus
during the armed conflict and the relevant period of the forced disappearance of Edgar Fernando García. In
addition, testimony was taken from Aura Elena Farfán, Nineth Varenca Montenegro Cottom, María Emilia García,
Dora Ruth del Valle Cóbar, Ana Lucrecia Molina Theissen, Berta Elizabeth Palacios Caravantes and Iduvina
Estalinova Hernandez Batres; certain documents were provided, and exhumations have been performed in different
cemeteries in coordination with the Guatemalan Forensic Anthropology Foundation. Cf. Affidavit prepared by
Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folios 787 to 792).
52