60. On December 16, 2003, Mr. Ruiz Fuentes filed an appeal for clemency before the Minister of the Interior requesting commutation of the death penalty for the penalty immediately below this of 50 years’ imprisonment.77 There is no record that this appeal was processed or decided. 78 F. Escape from “El Infiernito” prison and subsequent death of Mr. Ruiz Fuentes 61. On October 22, 2005, 19 inmates escaped from Annex A of the maximum security prison, Granja Penal Canadá, known as “El Infiernito” [The Little Hell]. With the complicity of prison guards and authorities, they had dug a tunnel of approximately 120 meters in length to the electric fence protecting the perimeter of the premises.79 62. The State launched “Operation Gavilán” to recapture the 19 escaped prisoners.”80 The operation was headed by PNC police superintendent V.S.D., with the participation of 16 police officers, divided into eight search teams. Among other matters, the plan of action established that, if any of the prisoners were recaptured, they should be taken “to a secure place with double custody” in order to bring them before the competent authority within the pertinent time frame.81 63. On November 14, 2005, Mr. Ruiz Fuentes’ body was found on Avenue 0, 5th Street, Colonia Monja Blanca de Barberena, Santa Rosa. According to the police record of that date, Mr. Ruiz Fuentes’ corpse was lying on the ground on its back with arms and legs outstretched and eyes closed. Twelve members of the PNC Anti-kidnapping Command, headed by police superintendent V.S.D., arrived and took charge of safeguarding the crime scene.82 64. Regarding the circumstances surrounding his death, according to the police record of November 14, 2005, “neighbors who refused to give their names for fear of being killed,” indicated that Mr. Ruiz Fuentes “was pursued by several unknown individuals with whom he exchanged gunshots” and as a result of this he was “hit by several bullets” which caused his death.83 65. According to the autopsy performed on November 15, 2005, the cause of death was “cerebral and pulmonary perforation by puncture wounds from firearm bullets.”84 E. Investigation and judicial proceedings owing to the death of Mr. Ruiz Fuentes 66. The investigation into the death of Hugo Humberto was initiated by the Public Prosecution Service of the Santa Rosa district in November 2005 under file No. MP332/2005/4338.85 The procedures conducted by the State included: (i) taking Mr. Ruiz Fuentes’ fingerprints; (ii) taking witness statements; (iii) receiving reports from the Crime Scene Experts Unit, and the Ballistics Section of the Scientific and Technical Department.86 1, 2003 (evidence file, folios 212 and 213). 77 Cf. Appeal for clemency filed by Mr. Ruiz Fuentes before the Minister of the Interior on December 16, 2003 (evidence file, folios 224). 78 See, Case of Raxcacó Reyes v. Guatemala Merits, reparations and costs, supra, para. 43.18, which indicates that owing to the absence of legal regulation, the appeal for clemency filed by co-convicted Mr. Raxcacó Reyes on May 19, 2004, had not been processed. 79 Cf. Internal plan of action No. 002-2005, “Operation Gavilán,” of October 24, 2005 (evidence file, folio 228). 80 Cf. Internal plan of action No. 002-2005, “Operation Gavilán,” of October 24, 2005 (evidence file, folio 228). 81 Cf. Internal plan of action No. 002-2005, “Operation Gavilán,” of October 24, 2005 (evidence file, folios 227 and 228). 82 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 83 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 84 Cf. Autopsy performed by Dr. Edgar Ricardo Arriola Barrios, Departmental Forensic Physician of the Cuilapa Judicial Body, Santa Rosa, on November 15, 2005 (evidence file, folio 231). 85 Cf. File of the investigation by the Public Prosecution Service, No. 332/2005/4338 (evidence file, folio 1609). 86 Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights with regard to case P65204–Hugo Humberto Ruiz Fuentes, dated July 24, 2007 (evidence file, folio 1120). 17