59. The State reported that on August 10, 1995, an arrest warrant was issued against Mr. Cardona as a suspect in the death of Alejandro Gómez, because Mr. Cardona had not complied with the citation to make a statement.48 60. The State reported that on August 25, 1995, Mr. Cardona appeared before the Judge of the Sixth Criminal Court of First Instance.49 The State maintained that Mr. Cardona first stated that Alejandro Gómez had had "some problems in the neighborhood,"50 but went on to say the following regarding the day of Alejandro Gómez's disappearance: That they went by the factory where they had formerly worked and that in front of it there had been a blue Hiunday (sic) vehicle with polarized windows and that a man had come out of the factory and begun to punch and kick the now deceased victim. He [Tr. Cardona] hit him with a beer can to make him let go of his friend and when the man let him go he began to chase after him [Tr. Cardona], who ran and hid among people at a bus stop. That he had then gone back but Yovani was no longer there.51 61. The State said that later on it was determined that Mr. Cardona's real name was Edgar Octavio Cardona García.52 For their part, the petitioners said that after that appearance the State did nothing to advance the case for a very long time.53 They maintained that only on July 31, 1996 did the Attorney General request that "priority be attached to the [matter]."54 62. The State reported that on August 12, 1996, the Public Prosecutors' Office "received" the file and took a statement from Mr. Gómez's father.55 It added that the lawyer in the trade union where Mr. Gómez had worked was also cited to give a statement56, but that said person did not go and testify.57 In addition, the State declared that "among the actions undertaken to locate the aforementioned Korean citizens, it was discovered that there was no mention of them in migration control records."58 63. The State indicated that "all these difficulties faced by the Public Prosecutors' Office, as well as the discrepancy between the witnesses' versions as to the persons suspected of having instigated and/or perpetrated the crime, and the failure to appear of persons cited to make a statement" had led to the archiving of the proceedings,59 pursuant to Article 327 of the Code of Criminal Procedure, which establishes the following: Article 327. Archiving: When the accused has not been identified or has been declared in contempt of court, the Public Prosecutors' Office [Ministerio Público] shall order, in writing, that the proceedings be archived, without prejudice to continuation of proceedings against other defendants. 48 State’s communication of December 11, 2006. 49 State’s communication of December 11, 2006. 50 State’s communication of December 11, 2006. 51 State’s communication of December 11, 2006. Taken from the: Statement made on August 25, 1995 before the Judge of the Sixth Criminal Court of First Instance. 52 State’s communication of December 11, 2006. 53 Petitioners’ communication of November 24, 2003. 54 Petitioners’ communication of November 24, 2003. 55 State’s communication of December 11, 2006. 56 State’s communication of December 11, 2006. 57 State’s communication of December 11, 2006. 58 State’s communication of December 11, 2006. 59 State’s communication of December 11, 2006. 10