12
Subsequently, Ana Lucrecia Molina Theissen and her son arrived. In
November 1986, Carlos Augusto Molina Palma and Emma Theissen
Álvarez were reunited with two of their daughters in this country, and
in November 1990, María Eugenia Molina Theissen and her daughters
arrived;
Concerning the measures taken:
40(14) The parents of Marco Antonio Molina Theissen took various measures
to try and locate their son: they visited military posts, they went to hospitals,
and they contacted army officers, senior members of the police and
Government, representatives of the Catholic Church, and international human
rights organizations. His parents contacted several individuals to negotiate
his liberty; in this regard, they were asked to give money and to exchange
the father for the son. The family accepted the terms and conditions of the
negotiation, but the individuals never fulfilled the agreement;
40(15) The victim’s parents filed several writs of habeas corpus on the day
of the facts. On July 9, 1997, the victim’s next of kin, with the legal advice of
the Grupo de Apoyo Mutuo, filed another writ of habeas corpus before the
Supreme Court of Justice of Guatemala in favor of Marco Antonio Molina
Theissen, but received no reply. Subsequently, on August 11, 1997, the next
of kin of Marco Antonio Molina Theissen again filed a writ of habeas corpus
before the Supreme Court of Justice in his favor. The same day, the Second
Trial Court of the Municipality of Mixto ordered the Ministry of National
Defense and the Ministry of the Interior to inform it whether they had
received or knew of any order of detention or investigation against the child,
or whether they had proceeded to arrest him. On August 13, 1997, the said
Ministries informed the court that they had not received any order of
detention against the victim and were not aware that any investigation had
been initiated into the reported facts. On August 15, 1997, the Second Trial
Court of the Municipality of Mixto rejected the writ of habeas corpus that had
been filed;
40(16) On January 20, 1998, the Grupo de Apoyo Mutuo initiated a special
investigation procedure before the Supreme Court of Justice in favor of Marco
Antonio Molina Theissen.
Subsequently, on April 1, 1998, the same
organization submitted an amendment to the special investigation procedure
before the Criminal Chamber of the Supreme Court of Justice, which was
received by this Chamber on May 7, 1999.
In this procedure, the
Ombudsman was instructed to initiate an investigation into the disappearance
of Marco Antonio Molina Theissen and to present the results by June 25,
1999, at the latest; at the request of the said Ombudsman, this time limit
was extended to September 25, 1999, by the Criminal Chamber of the
Supreme Court of Justice. The Fifth Trial Court for Criminal, Drug-trafficking
and Environmental Offenses was granted jurisdiction over the proceeding.
40(17) On September 25, 1999, the Ombudsman presented his report in the
special investigation procedure in favor of Marco Antonio Molina Theissen; in
it, he indicated that he had conducted a search in the Register of the
Movement of Vehicles of the National Police, based on the license plate
number noted down by the victim’s mother; he had taken statements from
Emma Theissen Álvarez, María Eugenia Molina Theissen and Emma Guadalupe
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