(the Armed Forces Secretariat of State, the National Police, and the National Investigations
Department) with the “assistance” of the Attorney General of the Republic. The Joint Board
began and conducted its investigation when an investigation under the criminal jurisdiction
was underway (supra para. 112).
215. The Court has noted that the Police and Joint Boards entrusted with the investigation
of the forced disappearance of Mr. González Medina conducted their investigations without
the guidance of the Investigating Judge or the leadership of the Public Prosecution Service
and were composed of members of the State’s security entities to which the individuals
belonged who, among others, should have been investigated for the disappearance of Mr.
González Medina. A necessary line of inquiry into what happened to Mr. González Medina
should have focused on investigating the possible participation of senior members of the
security forces and other State agents in the facts relating to the disappearance, as well as
the indications that Mr. González Medina’s disappearance could have been perpetrated
owing to his criticisms and accusations (supra paras. 94 to 98 and 150). The Court has
verified that several statements made before the said extrajudicial boards provided
elements that should have been investigated in relation to the possible detention of Narciso
González Medina in the Armed Forces Secretariat of State, the National Police, the National
Investigations Department, and in Air Force facilities (supra paras. 155 to 164). This meant
that the investigators should have made an effort to take all necessary measures to clarify
whether Mr. González Medina had been detained in the State’s security agencies for which
they worked and whether their own colleagues and superiors had taken part in his
disappearance.
216. In this regard, this Court has noted that the alleged relations of hierarchic
subordination and dependence between those investigating the forced disappearance and
those they should have been investigating could have led to constraints in the investigation.
In this regard, the Joint Board itself stated that the Police Board had faced significant
constraints to conduct the investigation, indicating, inter alia, the “impossibility of
questioning certain ranks of the police and the military authorities to whom responsibility
was attributed in the disappearance […], because this was subject to obtaining due
authorization, specifically from those members of the military and/or members of the
National Police of a higher rank. 255
217. The reference to these constraints also emerges, inter alia, from the testimony given
before the Investigating Court by the person in charge of the Secret Service of the National
Police in 1994. 256 This person was a member of the Police Board and, when he was asked
who headed the investigations of the said Board, he responded that the members “always
met with the then Head of the Police to share impressions and inform him of the status of
the investigations and, on some occasions, he gave [them] guidance on the steps to take.”
He also stated that the Police Board was faced with the “difficulty” that it could not
investigate “the Chiefs of Staff of each of the military institutions,” because “it was
impossible that […] a board composed of three colonels had the authority and power to
investigate these individuals.” Moreover, the deponent added that they did not investigate
the Chief of Staff of the Air Force because “he was a Major General and, when the Head of
the Police was consulted about this, he told [them] that it was not necessary to investigate
him, because the only purpose of that was to harm reputations.”
255
Report of the Joint Board, supra note 109, folio 3849.
256
Cf. Testimony given by Luis Manuel Tejeda Fernández before the Investigating Court on September 9,
1998 (merits file, tome V, folios 1853, 1855, 1856).
69
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