favor of Edgar Fernando García. In December 1997, the judge assigned to the case went to “the Men’s Pre-trial Detention Center […] and the Guatemalan Army’s Headquarters, [… to implement this remedy] with negative results.” That same month, the Ministry of Defense responded to the court assigned to the case that Mr. García “was not arrested or captured on the date indicated or subsequently, because the competent jurisdictional organ had not issued an order to carry out this action.” Similarly, the Ministry of the Interior responded that “reports had been received from the Directorate General of the National Police and the Treasury Police indicating that, according to the respective records of those General Directorates, Edgar Fernando García had not been detained.” 93 75. Given the lack of response to the applications for habeas corpus, in November 1997, the GAM requested “that a special investigation procedure be opened in favor of Edgar Fernando García.” Under this procedure, the Supreme Court is able to call on the Public Prosecution Service to investigate, and can also delegate the investigation to the Ombudsman. 94 On April 17, 1998, the Supreme Court of Justice called on the Public Prosecution Service to “investigate the considerations” in the request to open the special investigation procedure. After this had been repeated, in March 1999, the Public Prosecution Service responded stating that it had interviewed Mr. García’s mother. During the investigation, the Public Prosecution Service also requested information from the National Civil Police about the individuals who took part in the operation of the Special Operations Brigade of the National Police (hereinafter “the BROE”) on the day on which the incident occurred. The National Police advised that it had not “found any documentation related to the operation conducted by the BROE.” 95 93 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, folios 209 to 213); Applications for habeas corpus filed by Marco Alcides Polanco Pérez on June 23, September 10 and October 15, 1997 (file of annexes to the Merits Report, tome I, annex 28, folios 259 to 264); letter of the Criminal Justice of Peace to the Secretary of the Supreme Court of Justice of December 3, 1997 (file of annexes to the Merits Report, tome II, annex 31, folio 589); record of December 2, 1997, of the First Peace Criminal Court (file of annexes to the Merits Report, tome II, annex 31, folios 601 and 602); Note of the Ministry of Defense of December 5, 1997, and Note of the Ministry of the Interior of December 5, 1997 (file of annexes to the Merits Report, tome II, annex 31, folios 640 and 654). 94 Cf. Request to open a special investigation procedure filed by Mario Alcides Polanco Pérez on November 25, 1997 (file of annexes to the Merits Report, tome II, annex 31, folios 420 and 421). Article 467 of the Code of Criminal Procedure of Guatemala regulates the special investigation procedure. This article establishes that the Supreme Court of Justice, at the request of anyone, may call on the Public Prosecution Service to provide information on the investigation, and may also issue an investigation mandate to a special investigator, who may include the Ombudsman, if “an application for habeas corpus has been filed without finding the person in whose favor it was filed, and there are sufficient suspicions to affirm that this person has been arrested or detained illegally by a public official, by members of the State’s security forces, or by regular or irregular agents, without information being provided on his or her whereabouts.” Cf. Code of Criminal Procedure of Guatemala, supra, article 467, Fourth Book, Specific Procedures, Title II, Special investigation procedure. The Supreme Court of Justice accepted to process this request on December 4, 1997. This request was repeated on January 6 and on January 20, 1998. The Supreme Court asked the applicant “to justify the filing of the application for habeas corpus and the result.” On February 13, 1998, the Supreme Court admitted the request for a special investigation procedure and declared it admissible on April 22, 1999. Cf. Ruling of the Supreme Court of Justice of December 4, 1997 (file of annexes to the Merits Report, tome II, annex 31, folio 422); request of Mario Alcides Polanco Pérez of January 6, 1998, and Note of the Supreme Court of Justice of January 20, 1998 (file of annexes to the Merits Report, tome II, annex 31, folios 425 to 427 and 428); Note of the Supreme Court of Justice of February 13, 1998 (file of annexes to the Merits Report, tome II, annex 31, folio 432), and record of hearing held on April 22, 1999, in the Special investigation procedure before the Supreme Court of Justice (file of annexes to the Merits Report, tome II, annex 31, folios 515). 95 Cf. Note of the Supreme Court of Justice of April 17, 1998 (file of annexes to the Merits Report, tome I, annex 30, folio 273); Note of the Supreme Court of Justice of March 3, 1999 (file of annexes to the Merits Report, tome I, annex 31, folio 699); note of the Public Prosecution Service to the Secretary of the Supreme Court of Justice of March 11, 1999 and letter of the Secretariat of the Supreme Court of Justice to the Public Prosecution Service of March 9, 1999 (file of annexes to the Merits Report, tome II, annex 31, folios 697, 698 and 700); request for information sent by the Public Prosecution Service to the Director of the National Civil Police of March 17, 1999 (file of annexes to the Merits Report, tome II, annex 31, folio 710), and Decision of the General Archive 27