who owned or ran RCA.125 Following up on this, the owners of the building in which RCA had
its offices was questioned, and they provided the names of two individuals who rented the
said building.126 Although these individuals were summoned to appear as witnesses by means
of an official telegram,127 the case file does not show that any other measure was taken when
they failed to come forward, or any other action to verify whether those individuals were
indeed the owners of the maquila company, to investigate their place of residence, or to gather
further information in order to try and contact them, among other possible actions.
80. Additionally, several statements received during the investigation mentioned another
four Koreans who supposedly ran the said company. 128 On this basis, the migratory
movements of these four individuals was requested. 129 In response, the Migration Directorate
indicated that their “files did not reveal any record.”130 Therefore, it was concluded that those
individuals were in Guatemala in an irregular migratory condition. 131 Information on the said
individuals was also requested from the Traffic Department and the Identification Office, with
negative results.132 However, the case file does not record the measures taken to verify the
complete names of those individuals, or any other information that would identify them.
Moreover, the Court underlines that no other measure was taken with regard to those
individuals and they were not summoned to appear.
81. Meanwhile, during the public hearing held in this case, the State asserted that Mr. Gómez
Virula’s disappearance and death was due to his romantic relationship with another man’s
wife. In this regard, the Court notes that an investigation report indicates that “confidential
information” had been obtained indicating that Mr. Gómez Virula was in a relationship with
SRM, the wife of an individual known as “El Pirata.” In addition, in a statement, ECG indicated
that when he took leave of the alleged victim on the day of his disappearance, “this was at the
entrance to Colonia Juana de Arco” and that he knew that the alleged victim “had some
problems in this community.”133 The investigation report of March 24 adds that ECG had stated
that Mr. Gómez Virula “had entrusted him with important information that, in Colonia Juana
de Arco, he had problems with the husband of a woman he was seeing, because her husband
had realized this.”134 In the report, the name of SRM has been added by hand.135
Cf. Communication of April 24, 1995, signed by the assistant prosecutor of the Public Prosecution Service
(evidence file, folio 708), and Report of Criminal Investigations Department of the National Police of July 6, 1995
(evidence file, folio 801).
125
Cf. Transcript of the statements of the owners of the building in the Report of the Public Prosecution Service
of March 21, 1995 (evidence file, folios 700 and 701).
126
127
Cf. Official telegram of the Public Prosecution Service of May 30, 1995 (evidence file, folio 720).
See, for example, Transcript of the statement by the Secretary General of the labor union in the Report of the
Homicides Section of the Criminal Investigations Department of the National Police of June 19, 1995 (evidence file,
folios 477 and 478); statement by Mr. Gómez Virula’s sister of March 19, 1995 (evidence file, folios 685 and 686),
and witness statement made by ECG on August 25, 1995 before the Sixth Trial Judge for crimes relating to drugtrafficking and the environment (evidence file, folios 764 and 765).
128
Cf. Report of the Criminal Investigations Department of the National Police of July 6, 1995 (evidence file, folio
801), and Communication of the Director General for Migration of July 20, 1995 (evidence file, folios 768 and 769).
129
130
Cf. Communication of the Migration General Directorate of July 24, 1995 (evidence file, folio 772).
131
Cf. Report of Criminal Investigations Department of the National Police of July 6, 1995 (evidence file, folio
801).
132
801).
Cf. Report of Criminal Investigations Department of the National Police of July 6, 1995 (evidence file, folio
133
Cf. Witness statement by ECG on March 24, 1995 (evidence file, folio 691).
134
Cf. Report of the Public Prosecution Service on March 24, 1995 (evidence file, folio 704).
135
Cf. Report of the Public Prosecution Service on March 24, 1995 (evidence file, folio 705).
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