27
90.
On January 30, 2001, Matilde Guadalupe Hernandez de Espinoza interposed a
private accusation against the imputed Julio Ismael Ortiz Diaz, who was being
prosecuted for the murder of Ramón Mauricio García Prieto. She brought this action
as the representative of the parents of Ramón Mauricio García Prieto and indicated
that the aggrieved parties were Ramón Mauricio García Prieto Giralt, José Mauricio
García Prieto Hirlemann and Gloria Giralt de García Prieto.55
91.
At a public hearing on May 26, 2001, a jury declared Julio Ismael Ortiz Díaz
guilty as a material author of the homicide of Ramón Mauricio García Prieto. Julio
Ismael Ortiz Díaz was a former member of the now defunct National Police. On June
7, 2001, the Third Criminal Court of San Salvador issued a judgment sentencing
Ortiz Díaz to thirty years in prison and ordering him to pay “50,000 Colones in civil
liability for the non-pecuniary damages suffered by the aggrieved family.” It was
determined that the motive for the homicide was robbery.56 On June 18, 2001, Julio
Ismael Ortiz Díaz appealed the judgment against him,57 which was affirmed on July
19, 2001 by the “Third Criminal Chamber of the First Central Section”58 of San
Salvador. Mr. Ortiz Díaz submitted an appeal for annulment to the Criminal Chamber
of the Supreme Court of Justice, which declared it was inadmissible and affirmed the
judgment of August 22, 2001. 59
c)
Investigation by the Prosecutor of the Special Crimes Unit (File No. 3400-03)
92.
On June 6, 2003, José Mauricio García Prieto and Gloria Giralt de García Prieto
filed a complaint at the Office of the Attorney General of the Republic, in which they
maintained that they “did not know the identities of the intellectual authors of the
homicide of [their] son, [but] affirme[d] that they suspect[ed] Mauricio Ernesto
Vargas Valdés [and] Roberto Hernán Puente Rivas.” They also indicated that no one
had been punished for transporting José Raúl Argueta Rivas and Julio Ismael Ortiz
Díaz to the place of the homicide, and requested that several investigative steps be
taken with respect to this matter.60 On June 16, 2003, the Attorney General of the
Republic reopened the prosecutorial investigation under file number 34-00-03, and
55
Cf. Private accusation of January 30, 2001 filed by Matilde Guadalupe Hernández de Espinoza,
legal representative of Mr. José Mauricio García Prieto Hirlemann and Ms. Gloria Giralt de García Prieto,
judicial file number 110/98 (exhibits to the application, exhibit 2, volume 8, pages 2636 to 2639).
56
Cf. Jury’s verdict of May 26, 2001, judicial file number 110/98 (exhibits to the application,
exhibit 2, volume 8, page 2816); judgment of the Third Trial Court of June 7, 2001, judicial file number
110/98 (exhibits to the application, exhibit 2, volume 8, page 2819 to 2824); and interrogation record of
Julio Ismael Ortiz Díaz, supra note 50.
57
Cf. Appellate brief of Julio Ismael Ortiz Díaz of June 18, 2001 before the Third Trial Court,
judicial file number 110/98 (exhibits to the application, exhibit 2, volume 9, page 2835 to 2839).
58
Cf. Judgment of the Criminal Chamber of the First Central Division of San Salvador of June 19,
2000, judicial file number 110/98 (exhibits to the application, exhibit 2, volume 9, pages 2852 to 2859).
59
Cf. Cassation judgment of August 28, 2001 by the Criminal Chamber of the Supreme Court of
Justice, judicial file number 110/98 (exhibits to the application, exhibit 2, volume 9, pages 2860 to 2862).
60
Cf. Complaint filed on June 6, 2003 by José Mauricio García Prieto Hirlemann and Gloria Giralt de
García Prieto before the Attorney General of the Republic of El Salvador, judicial file number 110/98
(exhibits to the application, exhibit 4, pages 2946 to 2950).
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