28. The State claims to have performed forensic tests on the body. According to a January 4,
2002 report, these tests did not find any semen. It also asserts that the autopsy identified the
injuries and established the victim’s cause of death.
29. The State maintains that it did perform the visual inspection of the vacant lot in a timely
manner and that a National Civil Police helicopter flew over it. It also informs that a visual
inspection of the crime scene was also done on June 18, 2003.
30. The State contends that although there was indeed a conflict of jurisdiction, it did not stop
the investigation. On May 24, 2002, the Assistant District Attorney, Office No. 32 of the
Fiscalía Metropolitana de la ciudad de Guatemala [Guatemala City Metropolitan District
Attorney’s Office], disqualified himself for the case and forwarded the case file, due to the fact
that on March 11, 2002 the Eighth Criminal Court of the First Instance had disqualified itself
from hearing the case, arguing that the crime had been committed within the jurisdiction of
the Municipality of Mixco. Subsequently, on June 3, 2002, the Office of the Assistant District
Attorney No. 5 of the Municipal Attorney’s Office of Mixco assigned the case to Edgar Romero
Arana Castillo. This office in turn, on June 23, 2002, requested the First Criminal Court of the
First Instance to ex officio request its lack of competence to hear the case and to forward the
proceedings to the Eighth Criminal Court of the First Instance, because it was presumed that
the crime was committed at the place where the minor disappeared. The First Criminal Court
of the First Instance ex officio declared its lack of competence on September 2, 2002, and
forwarded the proceedings to the Eighth Criminal Court of the First Instance of Guatemala,
which then submitted the conflict of jurisdiction to the Supreme Court on September 25, 2002.
On November 21, 2002, the Supreme Court of Justice ruled that the First Criminal Court of the
First Instance was competent to hear the case and, on December 11, 2002, Office No. 32 of
the Metropolitan District Attorney’s Office forwarded the proceedings to the Office of the
District Attorney of Mixco.
31. Regarding the possible suspect of the murder, Osbel Airosa, the State requested Mr.
Francisco Lee, of the Confederación Deportiva Autónoma de Guatemala [Autonomous Sporting
Confederation of Guatemala], where the allegedly the suspect was employed, to keep him at
his post. The alleged suspect gave his deposition to the Office of the Attorney General on April
15, 2002. Subsequently he was summoned several times, but did not appear to give
testimony.
32. Regarding the telephone calls from the minor’s cell phone, the State ordered the
telecommunications company to provide a list of them in March 2002. The State also contends
that there exists a report of incoming and outgoing calls and their duration.
33. The State denies that since 2005 the case has been abandoned and maintains that during
that year it requested the Office of the Director of Criminal Investigations of the Office of the
Attorney General to analyze the latest telephone calls that the victim received (November
2004) in order to identify the individuals with which she spoke before her death. In addition,
the Confederación Deportiva Autónoma de Guatemala [Autonomous Sporting Confederation of
Guatemala] reported that Mr. Osbel Airosa no longer worked there; consequently the Criminal
Investigation Service was ordered to fully identify and find Osbel Airosa Hernández.
34. With respect to the alleged humiliation to which the petitioner was subjected, the State
requests that it be informed more specifically about the facts in order to investigate. Given
that it has not been able to find a suspect, the State contends that the case is still under
investigation in order to obtain sufficient evidence to initiate criminal proceedings and for
justice to be served.
35. The State maintains that “if to date it has not been possible to identify the suspect, this is
not because of a lack of ability, or of responsible conduct, or of due diligence (…) but because
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