16 not him, but the defense attorney did not allow him to do so and told him that “whatever a suspect says is not credible and actually works against him.”54 69. On the same day, the Justice of the Peace in Tonacatepeque ordered the pre-trial investigation of the case to proceed and also ordered that the suspects be remanded in custody based on the sworn statement of Francisco Amaya Villalta.55 In addition, on October 27, 2000, the Court of First Instance in and for Tonacatepeque indicted the accused also based on the sworn statement of Francisco Amaya Villalta.56 70. Pedro Torres Hércules, petitioner and cousin of the alleged victim, was living in Guatemala at the time of the facts. After learning of the arrest of José Agapito Ruano Torres, he decided to travel to El Salvador in order to ask him what had happened.57 According to a subsequent statement made by Mr. Torres Hércules, José Agapito Ruano Torres told him that while he was asleep after working all day on the remodeling of a school, several police agents entered his home, and proceeded to hit him and drag him on the floor.58 Faced with this situation, Mr. Torres Hércules said that he would take the necessary steps in order to prove Mr. Ruano Torres’s innocence.59 71. Thus, on October 30, 2000, Pedro Torres Hércules reported to the Disciplinary Inquiry Unit of the National Civil Police that José Agapito Ruano Torres was victimized through “abuse of authority and physical, moral and psychological mistreatment” at the time of this arrest.60 72. Then, on November 27, 2000, the petitioner submitted a brief to the Court of First Instance in and for Tonacatepeque with the same information and included documents and statements of witnesses who stated that José Agapito Ruano Torres had been working in the remodeling of a school when the kidnapping of Mr. Marroquín took place.61 However, that brief indicates that the Court of First Instance in and for Tonacatepeque refused to receive the information alleging that it would be “a trial court that would make a determination regarding the evidence.”62 Likewise, on November 29, 2000, the 54 Annex 1. Written communication of José Agapito Ruano Torres to the Second Trial Court Judge dated September 6, 2000, page 546, criminal case file 77-2001-2. 55 Annex 1. Magistrate’s Court in and for Tonacatepeque, Preliminary hearing, October 20, 2000, page 303, criminal case file 77- 56 Annex 1. Brief of the Court of First Instance in and for Tonacatepeque dated October 27, 2000, page 334, criminal case file 77- 2001-2. 2001-2. 57 Annex 7. Statement of Pedro Torres Hércules to the Human Rights Commission of El Salvador. Annex to the petitioner’s observations dated March 19, 2009. 58 Annex 7. Statement of Pedro Torres Hércules to the Human Rights Commission of El Salvador. Annex to the petitioner’s observations dated March 19, 2009. 59 Annex 7. Statement of Pedro Torres Hércules to the Human Rights Commission of El Salvador. Annex to the petitioner’s observations dated March 19, 2009. 60 Annex 1. Brief of the Subregional Office of the Attorney General in Apopa dated April 18, 2011, page 420, criminal case file 77- 2001-2. 61 Annex 8. Brief of Pedro Torres Hércules to the Court of First Instance in and for Tonacatepeque dated November 27, 2000. Annex to the petitioner’s communication received on December 12, 2003. 62 Annex 8. Brief of Pedro Torres Hércules to the Court of First Instance in and for Tonacatepeque, dated November 27, 2000. Annex to the petitioner’s communication received on December 12, 2003.