39
g)
The Eighth Court of Guatemala City filed the jurisdictional dispute before the
Supreme Court of Justice on September 25, 2002,142 and
h)
On November 21, 2002, the Criminal Chamber of the Supreme Court decided
that the competent court to hear the case was the First Court of Mixco.143 During the
jurisdictional dispute, several actions other than those described were taken (infra
para. 108.c).
108. Examination of mobile telephone calls. Part of the investigation related to
telephone calls made with a mobile telephone:
a)
On December 3, 2002, the investigator forwarded to the Assistant Prosecutor of
Guatemala City Agency No. 32 a report on the analysis of the incoming and outgoing
calls made on María Isabel’s mobile telephone and indicated that “attached to the
report [he was sending] the victim’s telephone directory [and] four photographs of
the place where the body was found”;144
b)
The report of February 20, 2002, issued by the criminal investigations experts
provided information on the interviews conducted with a girlfriend and a former
boyfriend of María Isabel. Following the interviews and other measures, they
recommended to the prosecutor of Guatemala City Agency No. 32 that he ask the
telephone company “Telecomunicaciones de Guatemala” (Telgua) for the address
recorded for the telephone number of one of the suspects;145
c)
On March 3, 2002, the prosecutor asked the Mixco First Court for a court order
to request the report of the telephone calls made from the mobile telephone carried
by the presumed victim.146 On April 1, 2002, based on the authorization of the Mixco
First Court dated March 26, 2002, the prosecutor asked the General Manager of
Telgua to provide the list of telephone calls made and received by María Isabel’s
telephone number.147 On May 9, 2002, the Telgua Legal Department sent the
information requested, which was forwarded to the investigator of the case on
September 4, 2002, and
d)
In June 2005 the telephone records of two suspects with whom María Isabel
had been in communication on the day she disappeared were examined.148
109.
Examination of vehicles.
dated September 16, 2002, to the Deputy Executive Secretary of the Public Prosecution Service indicating that he
had received the case file on June 3, 2002, but had not continued with the investigation because he had received
instructions from his superior that he should not continue because the case did not correspond to that office. He
indicated that once the judge decided the recusal of jurisdiction, the file would be send to Mixco Agency No. 5. He
also indicated that he had been cautioned for attending to the victim’s mother. Cf. Note sent by the agent of the
Mixco Prosecutor’s Office to the Deputy Executive Secretary of the Public Prosecution Service on September 16,
2002 (file of attachments to the Merits Report, annex 19, fs. 117 to 120).
142
Cf. Note issued by the Eighth Court of Guatemala City on September 25, 2002 (file of attachments to the
Merits Report, annex 21, fs. 125 and 126).
143
Cf. Ruling on jurisdictional dispute No. 93-2002 issued by the Supreme Court of Justice, Criminal
Chamber, on November 21, 2002 (file of attachments to the Merits Report, annex 22, fs. 129 to 132).
144
Cf. Report of the criminal investigations expert addressed to Guatemala City Agency No. 32 on December
3, 2002 (file of annexes to the motions and arguments brief, tome I, annex 18, f. 5,378).
145
Cf. Report of the criminal investigation experts addressed to Guatemala City Agency No. 32 on February
20, 2002 (file before the Commission, judicial case file, part I, fs. 2,805 to 2,810).
146
Cf. Note 3.18.01/3 issued by the prosecutor of Guatemala City Agency No. 32 on March 3, 2002 (file of
annexes to the answering brief, annex 2, fs. 12,856 to 12,860).
147
Cf. Court order addressed to the General Manager of Telecomunicaciones de Guatemala S.A. dated April 1,
2002 (file of attachments to the Merits Report, annex 24, fs. 139 and 140), and Note C-105-2002/6 issued by the
Mixco Court of First Instance, supra.
148
Cf. Report of telephone calls provided by Telgua on June 8, 2005 (file of annexes to the Merits Report,
annex 27, fs. 148 and 149), and Request for an investigation by the Bureau of Criminal Investigations of June 20,
2005 (file before the Commission, judicial case file, part I, fs. 2,843 to 2,846).