108. The Court also notes that, during the procedure before the Commission, a State report of February 21, 2006, indicated that the hypothesis established on the basis of “the interviews and investigations” was that “a number of armed men, without saying a word, fired on him several times and killed him.”138 However, in a subsequent communication of July 22, 2009, the State indicated that Mr. Ruiz Fuentes “presumably opposed his recapture.”139 109. During the proceedings before this Court, in the context of the provisional measures granted on August 30, 2004, the Court notes that, in a brief of November 22, 2005, the State indicated that Mr. Ruiz Fuentes, “during his recapture, opposed his detention drawing a gun; the [SIC] agents therefore fired at him and this resulted in his death.”140 In addition, and contrary to what it had indicated previously, in its answering brief presented on April 5, 2019, the State denied that an extrajudicial execution had occurred.141 However, during the hearing before the Court, the State indicated that “the death of Mr. Ruiz Fuentes has not been resolved by the domestic authorities” because “it is being examined by the competent Guatemalan authorities.” 110. Lastly, the Court notes that the Special Prosecution Office against Impunity (FECI) of the Public Prosecution Service considered it proved that Mr. Ruiz Fuentes was extrajudicially executed. In particular, recently, in the context of the internal proceedings in relation to the death of Mr. Ruiz Fuentes, the FECI indicated that: “On November 14, 2005, […], at around 11.30 a.m., members of the parallel structure and National Civil Police officers, wearing dark clothes, some with their faces covered by balaclava helmets, and with badges of that institution, […] carrying high-caliber weapons and without the corresponding court order, violently entered the house located at Section RR 106 of Colonia El Milagro Zone 2 of Mixco, where they arrested and subjected Hugo Humberto Ruiz Fuentes, who […] was transferred to Colonia Monja Blanca de Barberena, Santa Rosa, to be extrajudicially executed, and this act was executed in that place at approximately 6 p.m. […] by members of the criminal group, […] including police superintendent [V.S.D.], [V.M.R.G] and other persons who are being identified, […] who, prior to the execution, removed his shackles and allowed him to walk away a few meters […], in order to simulate that the fugitive had been found in that place and that, due to his discovery by law enforcement agents, an armed confrontation occurred.”142 111. The FECI also asserted that the crime scene had been altered, and a firearm was placed that belonged to a member of the National Civil Police, Ervin Rolando Choto Casimiro, who had been missing from October 31, 2005, up until the date of that document.143 The FECI added that “false statements” had been made to the media indicating that the death of Mr. Ruiz Fuentes had resulted from an armed confrontation and those responsible for preparing the police reports were instructed to record the alternative version provided by the police. 144 The foregoing leads this Court to conclude that the versions provided by the State, in addition to being contradictory, are not supported by the evidence in the case file. Service, dated June 8, 2007 (evidence file, folio 322). 138 Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights concerning the case of Hugo Humberto Ruiz Fuentes of February 21, 2006 (evidence file, folio 934). 139 Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights concerning the case of Hugo Humberto Ruiz Fuentes (Case 12,650), of July 22, 2009 (evidence file, folio 2121). 140 Cf. Case of Raxcacó Reyes and others with regard to Guatemala. Provisional measures. Order of the Inter-American Court of Human Rights of July 4, 2006, para. 20. 141 Cf. The State’s answering brief of August 14, 2018 (merits file, folio 368). 142 Cf. Remedy of appeal filed by the Special Prosecution Office against Impunity (FECI) of the Public Prosecution Service on November 29, 2018 (evidence file, folio 8405 and 8406). See also, CICIG press release “Ejecuciones extrajudiciales y torturas 2004-2007,” of October 29, 2019, available at: https://www.cicig.org/casos/ejecuciones-extrajudiciales-y-torturas2004-2007/ 143 Cf. Remedy of appeal filed by Special Prosecution Office against Impunity (FECI) of the Public Prosecution Service on November 29, 2018 (evidence file, folios 8406 and 8407). 144 Cf. Remedy of appeal filed by the Special Prosecution Office against Impunity (FECI) of the Public Prosecution Service on November 29, 2018 (evidence file, folio 8407). 28