produced and, therefore, reception of testimonial evidence was suspended.297 213. On November 3, 1990, the special prosecutor assigned to the proceedings asked the trial judge to order a series of probative elements, including an inspection and exhumation, and to issue a communication to the President of the Republic and Commander-in-Chief of the Armed Forces in order obtain the names of the commanders and officers who were in charge of the military operation in the places where the scene of the crime was located.298 214. On November 9, 1990, the request of the prosecutor assigned to the case that a communication be issued to the Executive in order to obtain information on the commanders and officers in charge of the operations was denied, with the argument that “it has not been established in this case that it was members of the National Army who participated in the criminal act under investigation, and that the green uniform is used by both members of the National Army and members of the FMLN; in addition, it is not sufficient evidence that the witnesses and victims say that the soldiers told them that they were members of the Atlacatl Battalion, because this assertion could also have been made by members of terrorist groups pretending to be soldiers of the National Army.”299 However, in the same decision, and despite having declared the prosecutor’s request inadmissible, the Second Court ordered the issue of “a communication to the Commander-in-Chief of the Armed Forces requesting him to inform this Witness statement made by Rufina Amaya before the Second First Instance Court of San Francisco Gotera on October 30, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1660 to 1665); Witness statement made by Irma Ramos Márquez before the Second First Instance Court of San Francisco Gotera on October 31, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1668 to 1670); Witness statement made by Hilario Sánchez Gómez before the Second First Instance Court of San Francisco Gotera on November 28, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1695 to 1698); Witness statement made by María Teófila Pereira Argueta before the Second First Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1701 to 1703); Witness statement made by María Amanda Martínez before the Second First Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1704 to 1705); Witness statement made by Bernardino Guevara Chicas before the Second First Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1706 to 1709); Witness statement made by Lucila Romero Martínez before the Second First Instance Court of San Francisco Gotera on January 24, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1711 to 1713); Witness statement made by Domingo Vigil Amaya before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1715 to 1716); Witness statement made by Rosa Ramírez Hernández before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1717 to 1720); Victim statement made by Hilario Sánchez Gómez before the Second First Instance Court of San Francisco Gotera on February 14, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1723 to 1728); Victim statement made by María Teófila Pereira Argueta before the Second First Instance Court of San Francisco Gotera on February 18, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1730 to 1732); Victim statement made by Bernardino Guevara Chicas before the Second First Instance Court of San Francisco Gotera on February 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1734 to 1736); Victim statement made by Vigil Amaya before the Second First Instance Court of San Francisco Gotera on March 5, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1741 to 1743); Victim statement made by Rufina Amaya before the Second First Instance Court of San Francisco Gotera on March 11, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1745 to 1748); Victim statement made by Juan Bautista Márquez before the Second First Instance Court of San Francisco Gotera on March 11, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1749 to 1751); Victim statement made by Eustaquio Martínez Vigil before the Second First Instance Court of San Francisco Gotera on March 14, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1752 to 1755); Witness statement made by Eustaquio Martínez Vigil before the Second First Instance Court of San Francisco Gotera on March 20, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1757 to 1760); Victim statement made by Genaro Sánchez before the Second First Instance Court of San Francisco Gotera on April 4, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1762 to 1765); Witness statement made by Genaro Sánchez before the Second First Instance Court of San Francisco Gotera on April 10, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1767 to 1770), and Witness statement made by Sotero Guevara Martínez before the Second First Instance Court of San Francisco Gotera on May 7, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1774 to 1778). 297 Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on May 8, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1779). 298 Cf. Brief of the Special Prosecutor accredited to case No. 238, addressed to the Second First Instance Judge, of November 3, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1676 to 1678). 299 Decision issued by the Second First Instance Court of San Francisco Gotera on November 9, 1990 (evidence file, tome III, annex 23 to the submission of the case, folio 1679). 68