69.
The Monday following Mr. García’s detention, Mrs. Montenegro went to CAVISA
where he worked to seek help and, on Wednesday, February 22, 1984, the company filed an
application for habeas corpus in his name. In response, the Supreme Court of Justice
requested information from the heads of the five units of the National Police, the Internal
Investigations Department, the Drugs and Narcotics Section, and the Specialized Technical
Investigations Department as to whether Mr. García was detained. 82
70.
In view of the lack of response, Mrs. Montenegro gave a press conference on
February 23, 1984. 83 Also, on March 2 that year, she filed a complaint with the Vice Minister
of Defense, who asked the Director General of the National Police for information about the
events. The Fifth Unit of the National Police responded indicating that “no one of that name”
had been arrested by that unit on February 18, 1984, but that “the corresponding
investigations w[ould] be conducted.” 84 The family also published press releases about Mr.
García’s disappearance. The Minister of the Interior sent at least two of these publications to
the Director of the National Police on March 15, 1984, so that the events denounced could
be investigated. 85 On March 27 that year, the Technical Investigations Department of the
National Police (hereinafter “the DIT”) recorded, inter alia, that “all the procedures
undertaken have had negative results; to this end, visits have been made to detention
centers, and State and private hospitals, and morgue records have been consulted. […]
Attempts have also been made to locate family members […] to obtain information in this
regard, but no one knows them”; the investigations would therefore remain open. 86
71.
According to Mrs. Montenegro, “20 days after” Mr. García’s disappearance, a colonel
allegedly showed objects taken from his home during a press conference indicating that
they had been obtained from a guerrilla safe house. 87 However, in July 1984, the National
Defense General Staff responded to a request for information by Mrs. Montenegro that the
“situation d[id] not correspond to the Armed Forces; therefore, it politely suggest[ed] that
82
Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the
public hearing in this case; application for habeas corpus filed by Juan Fermín Valladares Castillo, on behalf of
CAVISA, on February 22, 1984 (file of annexes to the Merits Report, tome I, annex 27, folio 254), and AHPN.
Memorandum No. 138 of the General Secretariat of the National Police of February 22, 1984, GT PN 26-01 S003,
No. 16749 (file of annexes to the motions and arguments brief, tome I, annex 33, folio 1419).
83
Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the
public hearing in this case.
84
Cf. AHPN. Note No. 02942 from the Ministry of Defense to the Director General of National Police of March
5, 1984, GT PN 30 S002, Nos. 16280 and 16281; Decision No. 5290/Of.10o.SG.rba of March 7, 1984, GT PN 30
S002, No. 16282, and Decision No. 028-84/OAQE of March 8, 1984, GT PN 30 S002, No. 16283 (file of annexes to
the motions and arguments brief, tome II, annex A, folios 2646 to 2649).
85
Cf. inter alia, publication entitled “Gestiones por 10 secuestrados” [Measures taken on behalf of 10
individuals who have been kidnapped] published in “El Gráfico” on March 5, 1984 (file of annexes to the Merits
Report, tome I, annex 24, folio 243); publication entitled “Carta abierta a quienes tengan en su poder a mi hijo”
[Open letter to those holding my son] published in “La Palabra” on March 24, 1984 (file of annexes to the Merits
Report, tome I, annex 20, folio 229); paid announcement in El Gráfico with a letter from Nineth Varenca
Montenegro Cottom to Edgar Fernando García dated July 18, 1985 (file of annexes to the Merits Report, tome I,
annex 24, folio 241). Also, Cf. AHPN. Note from the Minister of the Interior to the Director General of the National
Police of March 15, 1984 (file of annexes to the motions and arguments brief, tome II, annex A, folios 2642 to
2644).
86
Cf. AHPN. Order No. 06937 from the Technical Investigations Department dated March 27, 1984 GT PN
50 S004, Nos. 8968 (file of annexes to the motions and arguments brief, tome I, annex 35, folio 1423).
87
Cf. Complaint filed by Nineth Varenca Montenegro Cottom before the PDH on January 22, 1988 (file of
annexes to the Merits Report, tome I, annex 16, folio 210).
25