proceeding, the judge advised him that he could propose a defense attorney and that he had five days to do so
or the Court would do it ex officio. Mr. Girón expressed that he would appoint counsel later.28
57.
In his statement, the alleged victim expressed that he was detained on April 18, 1993, and he
was not informed of the reason for it. The alleged victim was asked: “which was the participation in the crime
committed by Mr. Pedro Castillo Mendoza?” He replied, “It wasn’t me, it was possibly he with other
persons.”29
58.
According to the case record, Pedro Castillo Mendoza gave his initial statement during the
investigative phase twenty minutes later, on the same date and before the same authority.30 The record of the
proceedings stated the alleged victim was detained for the crime of aggravated rape and that he “can propose
a defense attorney, who may be present during his initial statement proceeding and that he has five days to
do so, otherwise the Court would appoint him one ex officio. He stated that he will do it later.”31
59.
In said proceeding the Judge asked Pedro Castillo Mendoza the following: “is it true that you
were under the influence of alcohol, drugs, medications or narcotics when you raped the child Sonia Marisol
Alvarez García?” He replied: -“No, I was in my right mind and so was Roberto Girón, who was in a normal
state.” The judge also asked -“Which was the reason for you to rape and kill the afore-mentioned child?” He
replied: “I don’t know what happened to us, who knows what we were thinking” and then he added “I have
never committed any crime, and this is the first time I did it, but I don’t know what happened to my coworker Roberto Girón and I, and I don’t recall it was our idea to act that way (…)”32
60.
On April 22, 1993, the Second Chamber of the First Trial Court ordered the pre-trial
detention of Messrs. Girón and Castillo. It stated the following: “to order the pre-trial detention it will be
necessary: I) that there is information of a crime being committed; II) that there are enough rational reasons
to believe that the person detained has committed the crime or participated in it. The analysis of the
documents in file shows that there is merit in the process to order the measure of pre-trial detention against
the accused identified above, and therefore, what corresponds should be decided by law.”33
61.
On April 27, 1993 Leonel Chinchilla Cristales was appointed before a judge as Roberto
Girón’s ex officio defense attorney34. On the same date, Edy Iván Bocanegra Conde was appointed as ex officio
defense attorney for Pedro Castillo Mendoza.35 It is a non-controversial fact that both were law students and
not practicing attorneys.
28 Annex 1. Initial statement rendered by Roberto Girón before the First Peace Judge, April 19, 1993. Annex A to the
observations brief of the State submitted on September 5, 1996.
29 Annex 1. Initial statement rendered by Roberto Girón before the First Peace Judge, April 19, 1993. Annex A to the
observations brief of the State submitted on September 5, 1996.
30 Annex 2. Initial statement rendered by Pedro Castillo Mendoza before the First Peace Judge, April 19, 1993. Annex A to the
observations brief of the State submitted on September 5, 1996.
31 Annex 2. Initial statement rendered by Pedro Castillo Mendoza before the First Peace Judge, April 19, 1993. Annex A to the
observations brief of the State submitted on September 5, 1996.
32 Annex 2. Initial statement rendered by Pedro Castillo Mendoza before the First Peace Judge, April 19, 1993. Annex A to the
observations brief of the State submitted on September 5, 1996.
1993.
33
Annex 3. Pre-trial detention order of April 22, 1993 by Second Chamber of First Trial Court.
34
Annex 4. Appointment record for Leonel Chinchilla Cristales as assigned defender for Roberto Girón, April 27, 1993.
35
Annex 4. Appointment record for Edy Iván Bocanegra Conde as assigned defender for Pedro Castillo Mendoza, April 27,
10