17 a petition for habeas corpus in the name of Efraín Bámaca Velásquez and 38 other persons who had allegedly been detained clandestinely. On November 2 that year, the Supreme Court of Justice appointed the Second Judge of the Criminal, Narcoactivity and Crimes against the Environment Trial Court of Coatepeque, Quetzaltenango, to head the corresponding investigation. In the context of this investigation, Harbury testified before the said court the following day11. The same day, the prosecutor informed Jennifer Harbury that the following day, a body that it was believed, corresponded to Bámaca Velásquez would be exhumed. On November 4, 1994, the exhumation was postponed until the following November 10. That day, two young men who had died from shots in the head were exhumed; they did not correspond to the remains of Bámaca Velásquez12. 81. Since the petition for habeas corpus presented by the Attorney General had been declared without merit on June 1, 1994 (supra 78), on October 30, 1994, the said Attorney General requested the Supreme Court of Justice to order a special pretrial investigation procedure - a procedure introduced with the reform of the Criminal Procedural Code. On November 8, 1994, the Supreme Court of Justice ordered the Ombudsman to open the special pre-trial investigation procedure in order to establish the whereabouts of Efraín Bámaca Velásquez13. On December 2, 5, 6 and 7, 1994, in the course of procedure No. I-94, the members of the armed forces who were allegedly connected to the death Bámaca Velásquez were questioned, and they declared that they knew nothing about the facts14. In his report of December 9, 1994, the Ombudsman established that, except for one or two who were on duty at Santa Ana Berlín, most of the members of the armed forces who had been questioned were serving in Military Zone No. 18 in San Marcos at the time of the facts, that none of them knew Efraín Bámaca Velásquez, and that none of them took part in an armed encounter on the day of the facts. According to this report, during the investigation, inspections, random visits and inquiries were carried out “without prior warning, simultaneously and unexpectedly” in military and police centers. However, the whereabouts of Bámaca Velásquez could not be established, nor was it possible “to determine whether he is alive or dead at this time,”15. On March 16, 11 Cf. Complaint submitted to the Public Ministry by the Attorney General, Acisclo Valladares Molina, on October 21, 1994, Annex 27; decision of the Supreme Court of Justice of Guatemala of November 2, 1994, Annex 28; statement by Jennifer Harbury, submitted to the Inter-American Commission on December 20, 1995, Annex 46; official record of the interview with Jennifer Harbury of November 3, 1994, in the Public Ministry, Annex 47; questions for the interview with the Attorney General, Acisclo Valladares Molina, October 31, 1994, Annex 48; testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Acisclo Valladares, given to the Court on November 22, 1998; and letter of March 13, 1995, from the Government to the Inter-American Commission. 12 Cf. Statement by Jennifer Harbury, submitted to the Inter-American Commission on December 20, 1995, Annex 46; Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51; and testimony of Fernando Moscoso Moller, given to the Court on June 17, 1998. 13 Cf. Final report of the Ombudsman on the special pre-trial investigation procedure, December 9, 1994, Annex 16; Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51; testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Acisclo Valladares Molina, given to the Court on November 22, 1998; Report of the Commission for Historical Clarification Tome VII; and letter of March 13, 1995, from the Government to the Inter-American Commission. 14 Cf. Final report of the Ombudsman on the special pre-trial investigation procedure, December 9, 1994, Annex 16; testimony of Mario Ernesto Sosa Orellana given to the Court on November 22, 1998; and letter of March 13, 1995, from the Government to the Inter-American Commission. 15 Cf. Final report of the Ombudsman on the special pre-trial investigation procedure, December 9, 1994, Annex 16; letter of March 13, 1995, from the Government to the Inter-American Commission; and Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March