B.2.2. Alleged failure to guarantee the personal integrity of Mrs. B. A. and her
family
150. Regarding the State’s alleged failure to guarantee the personal integrity of Mrs.
B.A. and her family, the Court notes that, prior to Mr. A.A.’s death, she filed the following
complaints before the Public Prosecution Service: i) on November 26, 2003, she reported
to the Public Prosecution Service that she and her son had received threats from a former
kaibil of the Guatemalan Army, and ii) on February 20, 2004 she attended the Mediation
Center of the Judicial Body of Guatemala to complain that she had received threats from
Mr. P.M. (supra paras. 91 and 92). Furthermore, during the five months following Mr.
A.A.’s death, and on several occasions, B.A. recounted to agents of the National Civil
Police of Escuintla, the Office of the Human Rights Ombudsman and the Public Prosecution
Service, the threat received in 2003 and reiterated the existence of the complaint filed
before the Public Prosecution Service on November 26, 2003. 250 She also filed a new
complaint before the Public Prosecution Service on January 21, 2005, alleging that an
attack had occurred on January 14, 2005 (supra para. 123).
151. Furthermore, during the nine days following Mr. A.A.’s death, there is evidence that
acts of intimidation carried out against B.A. and her family near their house were reported
to the Office of the Human Rights Ombudsman and to the then municipal Mayor. On this
point, there is evidence that: i) on December 23, 2004, the investigator assigned by the
Office of the Human Rights Ombudsman filed a report in which he stated that , “[f]rom
interviews [conducted] with several neighbors of family [A] […,] it is clear that the family
suffers from constant intimidation by unknown individuals who are heavily armed and […]
arrive at night shooting near the family’s home” (supra para. 121); ii) on that same day,
the Departmental Assistant of the Ombudsman’s Office asked the chief of the National
Civil Police substation in Santa Lucía Cotzumalguapa and the Departmental Commissioner
of Precinct 31 of the National Civil Police of Escuintla, to provide “perimeter and personal
security measures for Mrs. [B.A.] and her family,” although there is no record that these
measures were implemented (supra para. 95), and iii) on the orders of the municipal
Mayor of Santa Lucía, agents of the Municipal Transit Police patrolled the area and
provided accompaniment to the family during the nine days of prayers following Mr. A.A.’s
death (supra para. 96).
152. During the five months after Mr. A.A.’s death, his daughters B.A. and E.A. made
several reports to agents of the Public Prosecution Service regarding acts of intimidation
suffered by the family during the nine days of prayers. 251 B.A. also mentioned acts of
intimidation suffered one month before his death. 252 In addition, based on interviews with
neighbors and a member of family A, conducted by an investigator of the Ombudsman’s
Office on February 6, 2005, the Departmental Assistant of the Office of the Human Rights
Ombudsman established that “on the night of December 20, approximately five to seven
heavily armed men, wearing Guatemalan Army uniforms (kaibiles), arrived in two vehicles
one […] with military license plates and another […] with no license plates, and [remained]
all night in front of and around the house where the wake was being held for the mortal
remains of Mr. [A.A.] […].” 253 The Ministry of National Defense was unable to determine
250
Cf. Interview with B.A. on December 21, 2004, conducted by the investigating agent assigned by the
Criminal Investigation Service of Precinct 31 of the National Civil Police of Escuintla (File of attachments to
submission brief, page 917); Complaint filed by B.A. on December 22, 2004, before the Departmental Assistant of
the Office of the Human Rights Ombudsman (File of attachments to submission brief, pages 896 and 897); Interview
with B.A. on December 23, 2004, conducted by the investigator of the Office of the Human Rights Ombudsman (File
of attachments to submission brief, pages 901 and 902); Interview with B.A. on January 25, 2005, conducted by the
DICRI investigator (File of attachments to submission brief, pages 1062 and 1063); Statement rendered by B.A.
before the Assistant Prosecutor of Santa Lucía Cotzumalguapa on February 10, 2005 (File of attachments to
submission brief, pages 823 and 824), and Statement rendered by B.A. before the Assistant Prosecutor of Human
Rights on May 11, 2005 (File of attachments to submission brief, page 870).
251
Cf. Interview with B.A. on January 25, 2005, conducted by the investigator of the DICRI (File of
attachments to submission brief, pages 1063 and 1064); Statement rendered by B.A. before the Assistant Human
Rights Prosecutor on May 11, 2005 (File of attachments to submission brief, pages 868 and 869), and Statement
rendered by E.A. before the Agent of the Human Rights Prosecutor on May 11, 2005 (File of attachments to
submission brief, page 866).
252
Cf. Statement rendered by B.A. before the Assistant Human Rights Prosecutor on May 11, 2005 (File of
attachments to submission brief, pages 868 and 869).
253
Cf. Letter of March 17, 2005, from the Departmental Assistant of the Office of the Human Rights
Ombudsman of Escuintla to the Minister of National Defense (File of attachments to submission brief, page 921).
47
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos