not been informed of any progress in the investigation of the theft, and therefore asked that the
State be required to conduct the corresponding investigation.
31.
In its report of July 8, 2010, the State indicated that, on April 13 that year, Omar
Bertoni Girón had reported the incident described in the said communiqué. According to this
complaint, the laptop computer taken from Mr. Girón contained important information for the
FAFG and his personal files. Guatemala indicated that “the assistant prosecutor and personnel
from the evidence gathering team [of the] Public Prosecution Service inspected the vehicle; in
addition, they obtained the video that [had] recorded the incident. However, the analysis of the
video is still underway because they do not have the appropriate software to zoom in on the
images; [also] two fingerprint samples were taken from the broken glass, and they were
awaiting the analysis in order to compare them with the victim’s prints and establish whether
there are any prints that would be useful for the investigation.” During the public hearing and in
the report presented at the hearing, the State added that, this type of offense “is very common”
in the place where the incident occurred, and a statement had been obtained from gas station
security agent identifying the license plates of several vehicles that came to the gas station to
carry out this type of theft. Also, with regard to a vehicle that appeared in the security video,
“the traffic security cameras had been asked for [the video showing its] exit from the gas
station to see if they could find it on the streets.” Lastly, the State mentioned that, “two days
later […], a vehicle with the same characteristics stole the computers of a member of the
Legislature at a [nearby] gas station.” Subsequently, in its report of September 22, 2010, the
State added that information had been obtained on the persons and vehicles that entered
Colonia Villa Sol, the place of residence of “the victims,” on the day of the events and this was
being analyzed. It also indicated that fingerprints had been found on the anonymous letter sent
that day and that it was still waiting for the analysis of the ones found on the broken window of
the vehicle. Furthermore, in its report of November 9, 2010, it added that statements had been
obtained from several individuals working in the place where the incident occurred, which
established that “the incident reported matched the pattern of other similar offenses.”
32.
Regarding the information presented by the State about the events that took place in
April 2010, the representatives made a series of observations, specifically in relation to the
alleged lack of results in the investigation.18 Also, in their observations of October 25, 2010,
they repeated their concern over the lack of results from the investigation despite the material
that the State indicated it possessed, and that “there was no indication whether a strategy
existed to connect all these elements, or the progress achieved based on [them].” In the brief
of December 13, 2010, the representatives observed that the conclusion reached by the Public
Prosecution Service that “the incident in question ‘matched the pattern of other similar common
offenses,’ […] attempted to fit [what happened] into a pattern, when no expert appraisal had
been made and, above all, […] it was considered separately from the threats received as a
result of the theft in question. Based on the foregoing, they asked that the “State of Guatemala
be ordered to conduct comprehensive investigations without isolating facts that should be
investigated in parallel and in a complementary manner.”
Fredy Peccerelli, and contained messages such as: “we will take revenge on the members of the FAFG”; “damn
revolutionaries. Their bodies will end up in the graves. We will spread their body parts throughout the city. Your family,
niece, sister [and] parents will pay for everything.”
18
Specifically, the representatives observed that, since it was assumed that the State had a video of the incident,
“how [was] it possible that […] four and a half months later, [they were requesting] help from private universities to
see whether it was possible to determine the license plate of the vehicle.” They also indicated that, even though
Guatemala had allegedly identified vehicles that follow the same pattern of thefts in the gas stations in the area, it had
not taken any measure in this regard and, similarly, continued to talk about comparing a fingerprint, whereas this is “an
essential element in an investigation.” Lastly, they noted that there had been no response to the request made to the
“traffic cameras,” which revealed “a total lack of rigor in the work of the Guatemalan system of justice.”
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