13 Molina Theissen, and also from Juan Carlos Solís Oliva, former Guatemalan Military Intelligence advisor; the latter related to the mechanisms used by this agency all through the era of repression, during the government of General Romeo Lucas García; he had requested the military authorities to provide the names and addresses of the directors of the National Intelligence Service and the Head of Security of Congress at the time of the facts; and he had identified the person who attempted to negotiate Marco Antonio Molina Theissen’s liberty with his parents; 40(18) On September 27, 1999, the Ombudsman requested the Fifth Trial Court for Criminal, Drug-trafficking and Environmental Offenses to summon and take preliminary statements from several persons,6 identified as alleged “mediate” authors of the planned, repressive policy of the Executive Branch and the Office of the Commander-in-Chief of the Guatemalan Army against whom there was sufficient, reasonable evidence of criminal activities. On September 30, 1999, in order to take a decision with regard to the request that it summon the above-mentioned individuals, this court requested the Ombudsman to indicate the extent of their participation in the facts under investigation and the address or places where they could be located. On March 31, 2000, the said court advised the Supreme Court that the Ombudsman had not responded to its request; and 40(19) To date, nothing is known of the status of the special investigation procedure. Marco Antonio Molina Theissen remains disappeared, and the State has not conducted an effective investigation into the facts in order to identify, prosecute and punish all those responsible. * * * The Court’s considerations 41. Article 53(2) of the Rules of Procedure of the Court establishes that: 2. If the respondent informs the Court of its acquiescence to the claims of the party that has brought the case as well as the to claims of the representatives of the alleged victims, his [sic] next of kin or representatives, the Court, after hearing the opinions of the other parties to the case [shall decide] whether such acquiescence and its juridical effects are acceptable. In that event, the Court shall determine the appropriate reparations and indemnities. 42. The considering paragraphs of the Order of the Court of April 26, 2004, in the instant case, indicate: 1. That the State has desisted from all the preliminary objections filed in the answer to the application dated November 1, 2002. 6 The persons indicated by the Ombudsman are General Romeo Lucas García, President of the Republic; Manuel Benedicto Lucas García, Chief of the General Staff of the Army; René Mendoza Palomo, Minister of Defense; Pedro García Arredondo, Head of Sixth Command and of the Judiciary Police; General Germán Chupina Barahona, Director of the Nacional Police Force; Donaldo Álvarez Ruiz, Minister of the Interior; Luis Francisco Gordillo Martínez, Commander of the Lisandro Barillas Barracks in Quetzaltenango; Julio Ramiro Marroquín Pérez, Commander of the Military Foot-Police Force, and the civilian, César Augusto Sandoval Meda.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents