26
Court of Peace of San Salvador initiated the criminal proceedings.48
84.
On January 24, 1998, Carmen Alicia Estrada recognized Mr. Diaz Ortiz in a
lineup.49 Mr. Diaz Ortiz was interrogated on January 25, 1998.50
85.
On September 29 and October 30, 1998, Gloria Giralt de García Prieto and
José Mauricio García Prieto Hirlemann, respectively, testified before the Third
Criminal Court in relation to the investigation of the material perpetrators as well as
the likely participation of intellectual authors in the death of their son.51
86.
On February 10, 1999, Carlos Romero Alfaro, known as “Zaldaña”, was
officially placed under investigation as a suspected material author.52
87.
On April 27, 1999, the Third Criminal Court of San Salvador ordered a judicial
inspection of the books containing the arrivals and departures records for the
personnel of the San Benito Battalion of the National Police (infra para. 111).
88.
On August 15, 2000, a full trial was ordered with respect to the accused Julio
Ismael Díaz Ortiz. In the same order, the charges against Carlos Romero Alfaro
were provisionally dismissed because “no evidence was established against him” and
no other probative means existed. Likewise, the Judge of the Third Criminal Court
indicated that “it was not proven that General [Mauricio Ernesto] Vargas Valdés and
Engineer [Robert Hernán] Puente Rivas undertook negotiations for the purchase of
real estate belonging to the García Prieto family.”53
89.
This decision was appealed by the prosecutor’s office and Julio Ismael Ortiz
Díaz on August 26, 2000 and August 28, 2000, respectively, before the Third
Criminal Chamber of the First Central Section of San Salvador (“Cámara Tercera de
lo Penal de la Primera Sección del “Centro”, San Salvador”). On October 23, 2000,
the Third Criminal Chamber affirmed the decision.54
48
Cf. Prosecutorial summons of January 23, 1998, judicial file number 110/98 (exhibits to the
application , exhibit 2, volume 3, pages 1334 and 1335; and write of January 23, 1998, judicial file
number 110/98 (exhibits to the application, exhibit 2, volume 3, pages 1338, 1343 and 1344).
49
Cf. Police line-up record of January 24, 1998, judicial file number 110/98 (exhibits to the
application, exhibit 2, volume 3, page 1377).
50
Cf. Interrogation record of Julio Ismael Ortiz Díaz of January 25, 1998, judicial file number
110/98 (exhibits to the application, exhibit 2, volume 3, pages 1393 to 1397).
51
Cf. Testimonies of the parents of Mr. García Prieto of October 29 and 30, 1998, judicial file
number 110/98 (exhibits to the application, exhibit 2, volume IV, pages1542 to 1550 and 1562 to 1573.
52
Cf. Interrogation record of Carlos Romero Alfaro of February 10, 1999, judicial file number
110/98 (exhibits to the application, exhibit 2, volume 3, page 1817 to 1831).
53
Cf. Order by the Third Trial Court of San Salvador of August 15, 2000, judicial file number 110/98
(exhibits to the application, exhibit 2, volume 7, page 2413 to 2419).
54
Cf. Appellate brief of the Office of the Attorney General of the Republic of El Salvador of August
26, 2000 before the Third Trial Court, judicial File number 110/98 (exhibits to the application, exhibit 2,
volume 7, pages 2430 to 2435); appellate brief of Julio Ismael Ortiz Díaz of August 28, 2000 before the
Third Trial Court, judicial File number 110/98 (exhibits to the application, exhibit 2, volume 7, pages 2426
to 2429); and judgment of the Criminal Chamber of the First Central Division of San Salvador (“Cámara
de lo Penal de la Primera Sala del Centro de San Salvador”) of October 23, 2000, judicial file number
110/98 (exhibits to the application, exhibit 2, volume 7, pages 2447 to 2455).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents