16 76. On August 17, 1993, the Second Criminal Trial Court Judge of Retalhuleu again ordered an exhumation to be held to determine whether the body removed from the banks of the Ixcucua River on March 13, 1992, (infra 86 and 93.C.b) was that of Bámaca Velásquez. The corpse exhumed on August 17, 1993, coincided with the description in the report of the autopsy performed in March 1992, but not with the physical characteristics of Bámaca Velásquez6. 77. Based on a complaint by Jennifer Harbury, the Office of the Ombudsman opened file GUA 12-93/DI in January 1994; and in this it placed her testimony together with that of Santiago Cabrera López and Jaime Adalberto Agustín Recinos, the last two on videotape7. 78. On June 1, 1994, the Attorney General filed a petition for habeas corpus in favor of Efraín Bámaca Velásquez against the President of the Republic, the Minister of the Interior, the Minister of Defense, the Director General of the National Police Force and Guatemalan police and military authorities8. On September 1, 1994, the Supreme Court of Justice declared the petition for habeas corpus without merit (infra 80) because, on the one hand, the Ministry of Defense, the Directorate of the National Police Force and the Directorate of the Treasury Police advised that “they had not received any judicial order for the detention of [Efraín Bámaca Velásquez]” and, on the other, visits to public prisons, military posts and substations of the National Police Force had yielded negative results9. 79. On October 27, 1994, as a result of Jennifer Harbury's hunger strike (infra 93.C.b), the President of the Republic announced that a new investigation would be conducted to discover the whereabouts of Bámaca Velásquez and appointed the Permanent Representative of Guatemala to the Organization of American States (hereinafter “OAS”) to head a special committee that would be in charge of this10. 80. On October 31, 1994, the Attorney General submitted a complaint before the Prosecutor General and the Public Ministry to initiate a criminal action on the disappearance of Bámaca Velásquez. On the same day, the Prosecutor General filed 6 Cf. Transcript of the reports of the Magistrate and the autopsy that appear in case file No. 39592, given to Jennifer Harbury on August 23, 1993, Annex 4; testimony of Patricia Davis, of August 24, 1993, Annex 5; judicial record of the exhumation at Retalhuleu, August 17, 1993, Annex 6; report of the forensic expert, Michael Charney, to the Second Criminal Trial Court of Retalhuleu, August 18, 1993, Annex 7; Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51; testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Fernando Moscoso, given to the Court on June 17, 1998; and testimony of Patricia Davis, given to the Court on June 18, 1998. 7 Cf. Final report of the Ombudsman on the special pre-trial investigation procedure, December 9, 1994, Annex 16. 8 Cf. Decision of September 1, 1994, of the Supreme Court of Justice, in file No. 82/94, Annex 25; complaint presented before the Public Ministry on October 21, 1994, by the Attorney General, Acisclo Valladares Molina, Annex 27; and Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51. 9 Cf. Decision of September 1, 1994 of the Supreme Court of Justice in file No. 82/94, Annex 25; complaint submitted to the Public Ministry by the Attorney General, Acisclo Valladares Molina, on October 21, 1994, Annex 27; Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51; and testimony of Acisclo Valladares Molina, given to the Court on November 22, 1998. 10 Cf. Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex 51; and letter of March 13, 1995, from the Government to the InterAmerican Commission.