37
126. For its part, the State indicated that “it has shown consideration and respect
for the García Prieto family and their legal advisors” and “has protected the physical
and mental integrity” of them since the precautionary measures were granted, in
other words, “from 1997 until 2006.” The State also alleged that the supposed
“threats and acts of intimidation have been unfounded and without an evidentiary
basis.” Moreover, the State alleged that all the acts of intimidation have been duly
investigated without ever being able to prove their existence.
127. Regarding the investigation of these events, the State indicated that “with the
objective of implementing the protective measures required as a result of the alleged
threats to [the] personal integrity [of the García Prieto Giralt family] the State has
set into motion the mechanisms established by the corresponding national
legislation, such that investigations have been undertaken with respect to the threats
that the [García Prieto family] has allegedly suffered, but it has been impossible to
verify the facts alleged.” The State added that “the García Prieto family had every
procedural opportunity necessary to bring a claim before the Salvadoran justice
system with respect to the acts of harassment, persecution, and threats, but they
did not do so at the time.”
128. Based on the evidence presented and in consideration of the parties’
arguments, the Court will detail the facts it deems proven and within its jurisdiction
ratione temporis with respect to the threats and harassment of which José Mauricio
García Prieto Hirlemann and Gloria Giralt de García Prieto were victim. The Court will
begin by referring to the events which occurred in the criminal proceedings under file
number 110/98 before the Third Criminal Court of San Salvador, and then it will
refer to events related to the prosecutor’s investigation developed under file number
4799-UDV-2001.
a)
Proceedings advanced before the Thirteenth Trial Court of Peace of
San Salvador under file number 110/98
129. Several complaints and statements regarding recurrent harassment directed
at José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto are found
in the record of the criminal proceedings. These complaints and statements refer to
visits by unknown individuals at the García Prieto Giralt house or their rural
properties; incidents in which the family was followed, in which vehicles usually fitted
with polarized windows and lacking license plates pursued them; and telephone calls
originating from unknown telephone numbers, at times communicating intimidating
messages.88
88
With respect to the harassment: testimony of October 2, 1997 by Ángela María Quintanilla before
the Public Ministry, Office of the Attorney General of the Republic, Eastern Zone, San Miguel. On
September 15, 1995, Ángela María Quintanilla, employee of Mr. and Ms. García Prieto Giralt, testified that
an unknown woman asked if the house belonged to the García Prieto family, and later boarded a vehicle
without plates and with polarized windows, which was occupied by armed individuals. With respect to the
anonymous phone calls: She testified that on September 14, 1995 she received a phone call in which an
unknown individual asked for José Mauricio García Prieto Hirlemann, criminal proceedings number 110/98,
(exhibits to the application, exhibit 2, volume 2, page 1089); testimony of José Reinaldo Rivera Machado
before a notary public on August 14, 1996. He stated that on August 9 and 10, 1996, well-armed
individuals arrived at the García Prieto family farm in a pick-up truck and asked for José Mauricio García
Prieto Hirlemann, criminal proceedings number 110/98, exhibits to the application, exhibit 2, volume 1,
page 811); testimony of September 16, 1997 by José Mauricio García Prieto Hirlemann before the
Department of Investigation of Organized Crime of the National Civil Police. In his testimony, José
Mauricio García Prieto Hirlemann indicated that on February 24, 1997, following a television interview in
which Mr. and Ms. García Prieto discussed their struggle for justice, unidentified individuals let a car coast
down a hill, where it collided with a vehicle belonging to their daughter, Lourdes Elizabeth García Prieto de
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