37
97(33) Regarding the evidentiary procedures, the Public Prosecutor’s Office requested,
among other things, that the police be required to forward the results of the
examination of the terrorist literature allegedly retrieved from the memory of the
computer seized from Wilson García-Asto’s domicile (supra para. 97(14)). In this
regard, the First Special Criminal Court for Terrorism (Primer Juzgado Penal
Especializado en Delito de Terrorismo) decided that it “w[as] not necessary” to request
it at that moment, as during the investigation stage of the previous proceedings the
documents stored in that computer had been tendered and “though the examination
thereof had n[ot] been forwarded, it was n[ot] relevant as the judges m[ight] request
it in due time.”29
97(34) Furthermore, the First Special Criminal Court for Terrorism (Primer Juzgado
Penal Especializado en Delito de Terrorismo) issued an arrest warrant against Wilson
García-Asto, based on the police report submitted by the Prosecutor,30 on the grounds
that taking into consideration that according to Article 135 of the Criminal Procedural
Code the available evidence was sufficient to prove the possible commission of the
crime charged, that the sentence likely to be imposed exceeded four years’
imprisonment, and that in accordance with the “seriousness of the crimes charged and
the legal consequences they would entail, the procedural risk was evident, it was to be
assumed that, if released [,] the accused would tr[y] to escape justice or thwart the
evidentiary procedures, as this is a natural defensive act.”31
97(35) On March 24, April 10, April 24, May 9, and May 23, 2003 Wilson García-Asto
made a statement at the Castro-Castro Prison during the pre-trial investigation of the
new proceedings started against him.32
97(36) On July 11, 2003 the First Special Criminal Court for Terrorism (Primer Juzgado
Penal Especializado en Delito de Terrorismo) ordered that a sixty-day extension be
granted for pre-trial investigation proceedings to be commenced, as the investigation
29
Cf. Order for pre-trial investigation proceedings to be commenced issued by the First Special
Criminal Court for Terrorism (Primer Juzgado Penal Especializado en Delitos de Terrorismo) on March 10,
2003 (case file of appendixes to the application, volume 1, appendix 27, page 206).
30
Cf. Order for pre-trial investigation proceedings to be commenced issued by the First Special
Criminal Court for Terrorism (Primer Juzgado Penal Especializado en Delito de Terrorismo) on March 10,
2003 (case file of appendixes to the application, volume 1, appendix 27, page 205).
31
Cf. Order for pre-trial investigation proceedings to be commenced issued by the First Special
Criminal Court for Terrorism (Primer Juzgado Penal Especializado en Delito de Terrorismo) on March 10,
2003 (case file of appendixes to the application, volume 1, appendix 27, page 205).
32
Cf. Pre-trial investigation statement made by Wilson García-Asto at Castro-Castro Prison on March
24, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 2,
page 3204); continued pre-trial investigation statement made by Wilson García-Asto at Castro-Castro Prison
on April 10, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State,
volume 2, page 3238); continued pre-trial investigation statement made by Wilson García-Asto at CastroCastro Prison on April 24, 2003 (case file of evidence to facilitate the adjudication of the case submitted by
the State, volume 2, page 3295); continued pre-trial investigation statement made by Wilson García-Asto at
Castro-Castro Prison on May 9, 2003 (case file of evidence to facilitate the adjudication of the case
submitted by the State, volume 2, page 3319); and continued pre-trial investigation statement made by
Wilson García-Asto at Castro-Castro Prison on May 23, 2003 (case file of evidence to facilitate the
adjudication of the case submitted by the State , volume 2, page 3335).
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