Office contains a copy of the investigation report of December 21, 2004, 210 prepared by
the investigating agent assigned by the Criminal Investigation Service of Precinct 31 of the
National Civil Police of Escuintla (supra para. 103). On December 23, 2004, the
Departmental Assistant of the Ombudsman’s Office asked various units of the National
Civil Police to provide security measures for Mrs. B.A. and her family; however, there is no
record that such measures were implemented (supra para. 95). The investigator assigned
by the Ombudsman’s Office also issued four reports on the investigation dated December
23, 2004, and January 3, February 7 and March 22, 2005, confirming that several
investigative procedures had been performed. 211
122. On March 22, 2005, the investigator assigned by the Ombudsman’s Office
discovered that the file concerning Mr. A.A.’s death held by the Prosecutor’s Office of the
Public Prosecution Service of Santa Lucía Cotzumalguapa had been forwarded to the Office
of Human Rights Prosecutor. 212 Therefore, on June 7, 2005, the Departmental Assistant of
the Ombudsman’s Office assumed the task of Human Rights Prosecutor in order to gather
information on the criminal investigation and confirmed that the file was under
investigation. 213Finally, in a decision on June 8, 2005, the Human Rights Ombudsman
decided:
I. To declare the violation of the right to life of Mr. [A.A.]. II. To suspend its action in this case,
considering that the facts which prompted the opening of the Merits file, are known and investigated
by the Office of the Special Human Rights Prosecutor of the Public Prosecution Service of Guatemala
City. III. To certify a copy of this file for the Office of the Special Human Rights Prosecutor of the
Public Prosecution Service of Guatemala City, so that it may be incorporated into case number 162005 […], in order to support the investigation […]. 214
D.2. Investigation into the alleged harassment of B.A.
123. On January 21, 2005, that is, during the period immediately after Mr. A.A.’s death,
Mrs. B.A. filed a complaint before the Public Prosecution Service, alleging that on “January
14, 2005, at approximately 7pm in the evening, she was traveling from Santa Lucía
Cotzumalguapa to Escuintla, with Mr.[GB], driving her pick-up truck, when she noticed
that it had been doused with a liquid, covering the roof, cargo bed and the windscreen,
affecting their visibility, and so they stopped […], they presume that the liquid was
gasoline.” When interviewed about this matter, B.A. and G.B. stated that they “could not
see the license plates of the vehicles nearby because of limited visibility.” The Department
of Criminal Investigations, which was ordered to investigate the incident, reported that “it
was not possible to identify anyone who witnessed this act.” The Court of First Instance of
Santa Lucía Cotzumalguapa dismissed the case of B.A. on February 28, 2008. 215 In this
regard, it is a proven fact that in a brief dated June 23, 2008, the Office of the Human
Rights Prosecutor was informed of a complaint filed on January 21, 2005, and that B.A.
“had not asked to be included in the Witness Protection Program.” 216
210
Cf. Memorandum of the investigation of February 7, 2005, prepared by the investigator of the Office of the
Human Rights Ombudsman (File of attachments to submission brief, pages 913 to 918).
211
Cf. Memorandum of the investigation of December 23, 2004, prepared by the investigator of the Office of
the Human Rights Ombudsman (File of attachments to submission brief, pages 901 to 905); Memorandum of the
investigation of January 3, 2005, prepared by the investigator of the Office of the Human Rights Ombudsman (File
of attachments to submission brief, pages 907 to 909); Memorandum of the investigation of February 7, 2005,
prepared by the investigator of the Office of the Human Rights Ombudsman (File of attachments to submission brief,
pages 913 to 915), and Memorandum of the investigation of March 22, 2005, prepared by the investigator of the
Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 924 and 925)
212
Cf. Memorandum of the investigation of March 22, 2005, prepared by the investigator of the Office of the
Human Rights Ombudsman (File of attachments to submission brief, pages 924 and 925).
213
Cf. Record of procedure of June 7, 2005, prepared by first officer of the Departmental Office of the Human
Rights Ombudsman in Escuintla (File of attachments to submission brief, page 926).
214
Cf. Decision of June 8, 2005 of the Human Rights Ombudsman (File of attachments to submission brief,
pages 927 and 928).
215
Cf. Report sent on July 20, 2009, by the Assistant Prosecutor of the Office of the Human Rights Prosecutor
(File of attachments to submission brief, pages 7316 to 7321), and complaint filed by B.A. on January 21, 2005 (File
of attachments to answer brief, page 1405).
216
Cf. Brief submitted on June 23, 2008 to the Human Rights Prosecutor (File of attachments to submission
brief, page 1284).
38
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos