197. On April 23, 2007, the Ninth Court agreed to admit the proceedings and established
a preliminary hearing for May 22, 2007.249 The hearing was postponed seven times, given
the non-appearance of the prosecutor on two occasions and of the accused and their
defense counsel on five occasions. Consequently, on May 28, 2009, the prosecution asked
for an arrest warrant against the four accused, and this was granted on June 9, 2009. On
June 8, 2011, the judge reviewing the case, which had been archived, found that some
matters were pending and again established a preliminary hearing and that the arrest
warrants required ratification, so she proceeded to make the corresponding request and to
require the preliminary hearing for June 20, 2011.250
198. On July 27, 2011, copies of the arrest warrants of June 8, 2011, for two of the
accused were sent to the Investigation Unit, and the Unit was requested to obtain results by
August 4, 2011. The results were received on August 5, 2011, and included the criminal
investigation record of July 29, 2011, which confirmed that one of the accused was working
in the Camatagua Police Station, and the other had been discharged in 1999. On August 6,
2011, the arrest warrant against one of the accused was executed, a judicial measure of
deprivation of liberty was required, and the date of the preliminary hearing was set for
September 28, 2011.251
2. Investigation of the searches, destruction and theft at the homes of Justina
Barrios, Elbira Barrios, Brígida Oneyda Barrios and Orismar Carolina Alzul
García and Luis Alberto Barrios
199. On December 2 and 4, 2003, Brígida Oneyda Barrios and Luis Alberto Barrios,
respectively, filed separate complaints for entry, theft and destruction of property in their
homes; the former denounced a police agent as the perpetrator, and the latter also reported
that several parts of his house had been set fire to.252 On December 9, 2003, the Children’s
Ombudsman visited the home of Orismar Carolina Alzul García and Luis Alberto Barrios,
confirming that several parts of the house had been set on fire.253 On December 10, 2003,
Mrs. Alzul Garcia also filed a complaint.254 On December 12, 2003, the Fourteenth
Prosecutor opened the corresponding criminal inquiry, requesting different measures.255 On
December 5 and 16, 2003, and on January 18 and February 28, 2004, the Investigation
249
Cf. Proceedings of the Ninth Court of April 23, 2007 (file of attachments to the Commission’s Report No.
11/10, tome I, attachment 1, folios 3164 and 3165).
250
Cf. Decision of the Ninth Court to delay the preliminary hearing, of May 22, 2007 (file of attachments to
the Commission’s Report No. 11/10, tome I, attachment 1, folio 3173); Note No. 1304-11 of the Ninth Court of
June 8, 2011 (merits file, tome V, folios 2366 and 2367), and Annual Report of the Office of the Prosecutor General
of the Republic, attachment 2.17 (file of attachments to the Commission’s Report No. 11/10, tome I, attachment 1,
folio 3180).
251
Cf. Aide-mémoire of the Twentieth Prosecutor of August 10, 2011 (merits file, tome VI, folio 2502).
252
Cf. Complaint filed by Brígida Oneyda Barrios on December 2, 2003, supra note 171, folios 3218 to 3220,
and Complaint filed by Luis Alberto Barrios on December 4, 2003, supra note 172, folios 3221 to 3223.
253
Cf. Record of visit by the Office of the Children’s Ombudsman, supra note 174, folio 3225, and Social
study of the Office of the Children’s Ombudsman of December 9, 2003 (file of attachments to the Commission’s
Report No. 11/10, attachments 1 to 5, tome I, folio 3227).
254
Cf. Complaint filed by Orismar Carolina Alzul García on December 10, 2003, supra note 172, folio 3224.
255
Corresponding to (a) technical inspection of the site by the police; (b) interviews with possible witnesses;
(c) request for documentation on the stolen artifacts; (d) identification of the officials attached to the Guanayén
Police Station, possible perpetrators of the acts; (e) interview with all the victims; (f) police technical inspection of
the daily logbooks for those days, and (g) careful appraisal. Cf. Order to open the investigation of the Fourteenth
Prosecutor of the Public Prosecution Service of December 12, 2003 (file of attachments to the Commission’s Report
No. 11/10, attachments 1 to 5, tome I, folio 3249).
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