38
130. In the development of the investigation into the threats and harassment of
which Ramón Mauricio García Prieto’s family were object, a series of investigative
steps89 were taken to identify those responsible. In a communication dated January
23, 1998, the prosecutor’s office submitted a list of the investigative steps taken to
the Criminal Tribunal in charge. The prosecutor’s office indicated that although it
had taken various steps, it had been unable to determine the identity of those
responsible, and that, as a result, the investigations should continue with respect to
the threats and harassment.90
131. It has been proven that one of the most relevant events occurred on August
4, 1998 at the beach called “El Cuco”, in the Department of San Miguel, when the
family was there on vacation. According to the facts, José Mauricio García Prieto
Hirlemann and Gloria Giralt de García Prieto went out to walk along the beach that
night when unknown individuals fired shots at them.
Their security agents
responded with shots, and the couple immediately returned to their home.
According to Gloria Giralt de García Prieto, a criminal complaint was filed regarding
this event.91
132. On August 15, 2000, the Third Criminal Court of San Salvador issued a
decision in which it indicated that “reason favors Mr. and Mrs. García Prieto, with
Patuzzo, whose car was parked in front of her parents’ house. With respect to the times that he was
followed, he also indicated that on August 28, 1996 he was followed by a vehicle without plates, and that
he had been followed on several occasions by unknown individuals in different vehicles using different
foreign and domestic plates, criminal proceedings number 110/98 (exhibits to the application, exhibit 2,
volume 1, page 792 to 795).
89
Cf. Note of September 5, 2000, in which Mr. Rodrigo Ávila, Director of the National Civil Police,
ordered that the investigations into the threats and intimidating acts continue to be investigated (criminal
proceedings number 110/98, exhibits to the application, exhibit 2, volume 1, pages 772 to 777); Request
of October 8, 1997 regarding investigative steps taken with respect to the acts of intimidation and the
presence of armed individuals on the farm called “El Carmen” (criminal proceedings number 110/98,
exhibits to the application, exhibit 2, volume 1, page 844); Investigative steps related to license plate
numbers, antecedents, and owners (criminal proceedings number 110/98, exhibits to the application,
exhibit 2, volume 2, pages 934 to 987); Note of November 13, 1997 from the Department for the
Investigation of Organized Crime, in which documents relating several investigative steps were annexed to
the file demonstrating the verification of vehicles and some telephone numbers, criminal proceedings
number 110/98 (exhibits to the application, exhibit 2, volume 1, pages 992 to 1000); Request for
information from the Department for the Investigation of Organized Crime dated November 21, 24, and
25, 1997 regarding vehicular information, criminal proceedings number 110/98, (exhibits to the
application, exhibit 2, volume 2, pages 1081 and 1110); and Response by the Joint Center for CounterNarcotics Intelligence (“Centro de Inteligencia Conjunto Antinarcóticos”) of November 25, 1997 in which it
reported that no information existed in its database with respect to one of the vehicles (criminal
proceedings number 110/98, (exhibits to the application, exhibit 2, volume 2, page 1111).
90
Cf. Briefing by the Office of the Attorney General of the Republic of El Salvador (exhibits to the
application, exhibit 2, volume 3, page 1334).
91
Cf. Criminal complaint filed before the Third Criminal Court of San Salvador by Gloria Giralt de
García Prieto on September 29, 1998 criminal proceedings number 110/98 (exhibits to the application,
exhibit 2 volume 4, page 1546); Daily incident report of August 11, 1998 by agent Julio Alberto Barrientos
Arévalo prosecutor’s file number 4799-UDV-2001, (exhibits to the brief containing pleadings and motions,
exhibit 16, volume 5, page 6116); Testimony of January 24, 2002 by Julio Alberto Barrientos Arévalo
before the Regional Metropolitan Unit of Investigation of the National Civil Police (prosecutor’s file number
4799-UDV-2001, exhibits to the brief containing pleadings and motions, exhibit 16, volume 5, page
6112); Testimony of February 19, 2002 by Juan Antonio Cisneros Girón before the Regional Metropolitan
Unit of Investigation of the National Civil Police, prosecutor’s file number 4799-UDV-2001, (exhibits to the
brief containing pleadings and motions, exhibit 16, volume 6, page 6281).
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