19 appeal against the Retalhuleu Military Trial Court. On July 17, 1995, the Eleventh Chamber of the Appeals Court of Retalhuleu convened in Court Martial, declared that the Military Trial Court Judge “had committed a substantial error, violating essential formalities of the proceeding”, invalidated the statements of Julio Roberto Alpírez, Julio Alberto Soto Bilbao and Ulises Noé Anzueto Girón, and annulled the notifications of the decisions pronounced in the proceeding22. On November 22, 1995, the same Eleventh Chamber of the Appeals Court of Retalhuleu convened in Court Martial revoked the decision of the Retalhuleu Military Trial Court because “the necessary juridical presumptions that would justify the dismissal that was granted d[id] not exist, and also the examination of the crimes under investigation [...] had not been concluded”; it therefore returned the case file to the said Court23. 86. In June that year, the Retalhuleu Military Trial Court, contradicting the statements made by the forensic experts, and presuming that the corpse found on the banks of the Ixcucua River corresponded to Bámaca Velásquez, ordered the latter's death to be officially recorded in the Registry Office of the Municipality of Nuevo San Carlos, Retalhuleu24. 87. On December 5, 1995, the Military Trial Court declared that the case was without merit and decreed the corresponding simple liberty of the members of the armed forces under investigation, based on the same arguments that had been established previously (supra 86) and adding that the death of Bámaca Velásquez had been recorded in the Registry Office25. 88. On May 7, 1995, Julio Arango Escobar was appointed special prosecutor in the Bámaca Velásquez Case. At that time, a stay of proceedings had been pronounced for the members of the armed forces who were allegedly involved. The special prosecutor appealed the stay of proceedings before the Retalhuleu Appeals Chamber and was able to have it annulled. Furthermore, he tried to have Jennifer Harbury included as private prosecutor in the proceeding, but was unsuccessful26. In June 1995, the United States Government provided Arango Escobar with information indicating that the remains of Bámaca Velásquez were buried in the military detachment of Las Cabañas, in the village of La Montañita, Municipality of Tecún Umán, Department of San Marcos. Based on this information, the special prosecutor took the necessary steps to conduct an exhumation27. At the beginning of June 1995, the Second Judge of the Criminal, Narco-activity and Crimes against the Environment Trial Court of Coatepeque, Quetzaltenango, authorized the exhumation in Las Cabañas28. On June 13, 1995, on being informed of the measure that was 22 Cf. Decision of July 17, 1995, of the Eleventh Chamber of the Appeals Court of Retalhuleu, convened in Court Martial, Annex 54. 23 Cf. Decisions of November 22, 1995 del Eleventh Chamber of the Appeals Court of Retalhuleu, convened in Court Martial, Annex 55. 24 Cf. Death certificate of Efraín Bámaca Velásquez; and Report of the Commission for Historical Clarification, Tome VII. 25 Cf. Decisions of the Military Trial Court of Retalhuleu of December 5, 1995, Annex 56. 26 Cf. Testimony of Julio Arango Escobar of June 17, 1998; and newspaper article, “El fiscal Arango Escobar se retira del caso Bámaca Velásquez”, Prensa Libre, June 27, 1995, Annex 31. 27 Cf. Testimony of Jennifer Harbury of June 16, 1998; and testimony of Julio Arango Escobar, given to the Court on June 17, 1998. 28 Cf. Newspaper article, “Frustrado nuevo intento para exhumar cadáver de Bámaca Velásquez”, Prensa Libre, July 7, 1995, Annex 41; and testimony of Julio Arango Escobar, given to the Court on June 17, 1998.