17 petitioner attempted to present the aforementioned evidence to the Office of the Attorney General but was rejected.63 73. On December 7, 2000, José Agapito Ruano Torres filed for a writ of habeas corpus with the Constitutional Chamber of the Supreme Court of Justice64 claiming that his detention was arbitrary and that he had been subjected to physical, moral and psychological mistreatment. Mr. Ruano Torres alleged that at the time of his arrest he had not been identified given that they were addressing him by the nickname Chopo. He added that it was not until a police agent found his identification card that they began to call him by his name.65 74. In addition, on January 3, 2001, Mr. Ruano Torres lodged an extended habeas corpus petition requesting the investigation and sanction of the prosecutor and the police agents who, without doing due diligence, identified him as Chopo and, as a result, as the alleged mastermind of the kidnapping of Mr. Rodríguez Marroquín.66 He also reiterated the physical psychological harm inflicted on him during his detention. 75. In that petition, Mr. Ruano Torres denounced the “negligent and indifferent attitude” of his public defenders who, he claimed, did not allow him to file several motions and seek other actions in order to prove that he was not involved in the kidnapping of Mr. Rodríguez Marroquín since he was not Chopo.67 This includes, i) not being able to testify during the preliminary hearing because he was told that “what a suspect says is not credible and actually works against him;” ii) not being able to call Mr. Rodríguez Marroquín and Mr. Francisco Amaya Villalta to provide testimony that he had not taken part in the kidnapping; iii) failing to ask that the report of the medical examination issued following his detention document the evidence of torture and mistreatment to which he was subjected; iv) the refusal to request a special hearing in order to be able to present evidence to prove that Chopo was his brother Rodolfo Ruano Torres and not him; and v) the refusal to lodge a petition of habeas corpus arguing that “they take so long that they could resolve it even after the preliminary hearing.” Mr. Ruano Torres also indicated that he requested that his public defender be changed but that the prosecutor in Apopa told him that “it was not necessary because there were six months left and since there were only a few public defenders they would handle the case as a group.”68 76. On January 11, 2001, based on a decision of the Court of First Instance in and for Tonacatepeque, Mr. Rodríguez Marroquín was brought in for a line-up identification.69 During that process, Mr. Rodríguez Marroquín provided physical descriptions of 8 of the persons who had taken part 63 Annex 9. Written communication of Pedro Torres Hércules to the assistant prosecutors in the Office of the Attorney General of the Republic, dated November 29, 2000. Annex to the petitioner’s communication received on December 12, 2003. 64 Annex 10. Habeas corpus No. 403-2000 of José Agapito Ruano Torres lodged with the Constitutional Chamber of the Supreme Court of Justice, dated December 7, 2000. Annex to the petitioner’s communication received on December 12, 2003. 65 Annex 10. Habeas corpus No. 403-2000 of José Agapito Ruano Torres lodged with the Constitutional Chamber of the Supreme Court of Justice, dated December 7, 2000. Annex to the petitioner’s communication received on December 12, 2003. 66 Annex 11. Brief of José Agapito Ruano Torres submitted to the Constitutional Chamber of the Supreme Court of Justice dated January 3, 2001. Annex to the petitioner’s communication received on December 12, 2003. 67 Annex 11. Brief of José Agapito Ruano Torres submitted to the Constitutional Chamber of the Supreme Court of Justice dated January 3, 2001. Annex to the petitioner’s communication received on December 12, 2003. 68 Annex 11. Brief of José Agapito Ruano Torres submitted to the Constitutional Chamber of the Supreme Court of Justice dated January 3, 2001. Annex to the petitioner’s communication received on December 12, 2003. 69 2001-2. Annex 1. Brief of the Court of First Instance in and for Tonacatepeque, dated December 1, 2000, page 379, criminal case file 77-

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