72. Furthermore, according to the version recorded in the criminal proceedings, Mr. Valenzuela Ávila was detained during a search carried out in his home on May 27, 1998, by order of the Second Criminal Justice of the Peace in the framework of the investigation into the death of prosecutor SJR.39 73. There is also dispute about what happened during the search, for which reason two versions are indicated, one indicated by the State and the other by the alleged victim. As for the State's version, it appears in Official Letter No. 1709-98, that the search warrant was issued in Official Letter No. 112 of May 27, 1998 and signed by the Second Local Criminal Justice of the Peace. During the search of the house where Víctor Manuel Vásquez González (Tirso Valenzuela) lived, several weapons were located, which were seized, and Mr. Valenzuela was arrested for the crime of possession of firearms. Similarly, on May 28, 1998, Official Letter 1709-98 was expanded by Official Letter No. 1714-98, which recorded that Tirso Román Valenzuela Ávila voluntarily told the police officers that he had killed the prosecutor SJR. For this reason, his indictment was extended to include the crime of murder.40 This last assertion is also recorded in the judgment of October 21, 1999 (infra para. 76). 74. Mr. Valenzuela testified at trial that during the search he saw how a private agent entered his house with a sack. Then someone said that he “found a package containing weapons.” He stated that the prosecutor and the judge then met in a back courtyard, proceeded to open the sack and took out the weapons. Mr. Valenzuela stated that the order was then given to remove him from there, and they put him in a vehicle, being subject to various acts of violence, and then they took him to the Second Police Corps.41 Regarding the “confession of the crime,” Mr. Valenzuela stated that he “decid[ed] to give [his] statement because a man tortured [him] and he [said] that I spontaneously declared about the murder without asking me questions.”42 B.2. Criminal proceedings against Mr. Valenzuela B.2.1 Facts giving rise to the conviction of death penalty 75. On June 1, 1999, the Public Prosecutor filed charges against Tirso Román Valenzuela Ávila for the crimes of bodily harm, illegal possession of offensive firearms, murder, kidnapping, escape, and public use of an assumed name.43 On July 2, 1999, the Criminal Court Mrs. SJR was the District Prosecutor of Retalhuleu and she was responsible for the investigation of various kidnapping cases. She was murdered on May 20, 1998, at kilometer two hundred and ten and a half, on the highway that leads from the city of Quetzaltenango to the South Coast. VGS stated that “on May twenty-seventh, nineteen hundred and ninety-eight, she participated in the detention of [Tirso Román Valenzuela Ávila] through a search warrant ordered by the Second Local Criminal Justice of the Peace […] and at the request of the Prosecutor […] based on the fact that there were (sic) weapons, drugs and stolen property at the location.” Cf. Statement of Mr. VGS, Officer of the National Civil Police, before the Public Prosecutor's Office, on July 28, 1998 (file of proceedings before the Commission, annex 1, fs. 563 to 576). The fact that the raid took place is not disputed. 40 Cf. Official communication No. 1709-98 of May 27, 1998, and 1714-98 of May 28, 1998, of the Departmental Headquarters of the Quetzaltenango National Police (file of proceedings before the Commission, annex 5, fs. 3279 to 3280, and 2070 to 2072). It is also recorded that “on the way from where the individual Vásquez González [(Valenzuela Ávila)] was detained, to the body, he voluntarily stated that he was directly responsible for the death of Ms. [SJR], District Prosecutor of the Public Ministry of Retalhuleu”. This was also reiterated in the judgment of October 21, 1999. The situation regarding the seizure of weapons and Mr. Valenzuela's voluntary statement is disputed, since the alleged victim repeatedly indicates that he accepted the charges because he would have been subjected to acts of violence such as torture and sexual violence. 41 Record of Trial 38-99 of October 11, 1999, supra. 42 Record of Trial 38-99 of October 11, 1999, supra. 43 Cf. Brief of accusation and formulation of the opening of the trial dated May 31, 1999, signed by the Public Prosecutor addressed to the Second Judge the Court of First Instance for Criminal Justice, Drug-Trafficking and Environmental Crime of the Department of Quetzaltenango (file of annexes to the Merits Report, appendix 13, pages 210 to 243). 39 20