26 planted on them as proof of their commission of the crimes attributed to them. He recognized the photograph of a white "van" he was shown and photographs of Manuel de Jesús de la Cruz, Aníbal René Morales and Juan José Elías-Palma. The last two were wearing Treasury Police uniform and took part in his arrest. (cfr. Affidavit signed by José Antonio Montenegro on March 15, 1988, at the Office of the Governor of the Pavón Rehabilitation Correctional Farm). b. Ms. Miriam Elizabeth Huertas de Gatica testified by affidavit that she witnessed José Antonio Montenegro’s capture on February 13, 1988, by three individuals wearing civilian clothes, their faces hidden by dark caps, who took him away. She recognized the photographs of a white van she was shown. (cfr. Statement by Miriam Elizabeth Huertas de Gatica delivered on March 16, 1988, to Notary Eduardo Roberto González-Garnica). c. Ms. Graciela Cante testified by affidavit on March 16, 1988, that on February 13, 1988 two men wearing civilian clothes came to her house asking for Mr. Montenegro, who was out at the time. They waited for him and she was later told, when he arrived later they took him away in a white van. (cfr. Statement of Graciela Cante delivered on March 16, 1988, to Notary Eduardo Roberto González-Garnica). d. The log of the Intelligence and Narcotics Squad of the Treasury Police Department of Guatemala City contains the following entry for February 13, 1988: CAPTURE, SEIZURE AND REMAND: at 11:00 p.m., members of the Treasury Police serving in this Section effected the arrest of persons […] JOSÉ ANTONIO MONTENEGRO WITHOUT A SECOND SURNAME, on the public thoroughfare at 25th Avenue and 26th Street in Zone 6 […] in flagrante delito when at the above address one of them was selling Marijuana and others purchasing and consuming it, seizing that drug from each of them, which was the reason for their detention and remand, together with the corpus delicti, to the Twelfth Court of Criminal Justice; to that court was delivered a sum of exactly one hundred and eighty-two quetzales (Q. 182.00), with which money the accused had attempted to bribe the arresting officers. (cfr. Log book showing the activities and events in the Intelligence and Narcotics Squad of the Guatemala City Treasury Police Department, for the month of February, nineteen hundred and ninety-eight, folio 4). e. According to official communication No. 167-REF. GCD/Jmpo of February 14, 1988, from the Chief of the Treasury Police II to the Twelfth Examining Magistrate of Guatemala City, Mr. Montenegro was referred to that Court after being apprehended in flagrante delicto at a suspicious meeting and a quantity of marijuana seized from him. (cfr. Official communication of June 13, 1988, signed by Judge Otto Fernando Palma-Chacón, Twelfth Examining Magistrate and addressed to the Seventh Court of Criminal First Instance; official communication No. 167. REF. GCD/Jmpo of February 14, 1988, from the Chief of the II Treasury Police to the Twelfth Examining Magistrate of Guatemala City). f. According to official communication of June 13, 1988, from Judge Otto Fernando Palma-Chacón, Twelfth Examining Magistrate, to the Seventh Court of Criminal First Instance, Mr. Montenegro was remanded to the Twelfth Criminal Court of Guatemala on February 14, 1988, through official

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