20 planned, the Commander in charge of the Las Cabañas military detachment declared that his superiors had not give him permission to authorize it29. The following day, the legal representative of the Ministry of Defense stated that some of the legal requirements for conducting the exhumation procedure had not been fulfilled and also, that the Bámaca Velásquez Case had to be transferred to the jurisdiction of the Commission for Historical Clarification, in accordance with declarations of the President of the Republic30. On June 19, 1995, as a result of the appeal filed by Colonel Julio Roberto Alpírez, the Second Criminal, Narco-Activity and Crimes against the Environment Trial Court of Coatepeque, Quetzaltenango, suspended the exhumation that was going to be conducted in Las Cabañas until the appeals court had made a decision31. 89. Between May and August 1995, Arango Escobar received pressure and threats and attempts were made on his life because he was acting as special prosecutor in the Bámaca Velásquez Case. In particular, he was followed, fired at in his workplace and received telephone threats. On August 2, 1995, Arango Escobar resigned from the position of special prosecutor in the case32. 90. In February 1998, the new special prosecutor for the case, Shilvia Anabella Jerez Romero, requested that an exhumation procedure be conducted in the Las Cabañas military detachment. However, this procedure was not carried out33. VII EVIDENCE A) DOCUMENTARY EVIDENCE 91. The Commission presented documentation on: a) the practice of the detention and use of former guerrillas by the Guatemalan Army34; 29 Cf. Forensic Anthropology Team. Preliminary Report. Forensic studies in the investigation proceedings on the Efraín Bámaca Velásquez Case, Annex 40; testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Julio Arango Escobar, given to the Court on June 17, 1998; and testimony of Fernando Moscoso Moller, given to the Court on June 17, 1998. 30 Cf. Newspaper article, “Exhumation of Bámaca Velásquez suspended due to insufficient time”, NOTIMEX, June 16, 1995, Annex 39; Forensic Anthropology Team. Preliminary Report. Forensic studies in the investigation proceedings of the Efraín Bámaca Velásquez Case, Annex 40; testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Julio Arango Escobar, given to the Court on June 17, 1998; and testimony of Fernando Moscoso Moller, given to the Court on June 17, 1998. 31 Cf. Decision of June 19, 1995, of the Second Criminal, Narco-Activity and Crimes against the Environment Trial Court, Annex 37; newspaper article, “Frustrado nuevo intento para exhumar cadáver de Bámaca Velásquez”, Prensa Libre, July 7, 1995, Annex 41; and testimony of Julio Arango Escobar, given to the Court on June 17, 1998. 32 Cf. Newspaper article, “El fiscal Arango Escobar se retira del caso Bámaca Velásquez”, Prensa Libre, June 27, 1995, Annex 31; Report of the Ombudsman of June 27, 1995, Annex 32; bulletin of the Guatemalan Human Rights Commission of June 24, 1995, Annex 33; newspaper article, “Arango se excusa de seguir caso Bámaca Velásquez”, El Gráfico, August 2, 1995, Annex 34; testimony of Julio Arango Escobar, given to the Court on June 17, 1998; and Report of the Commission for Historical Clarification, Tome VII. 33 Cf. Testimony of Jennifer Harbury, given to the Court on June 16, 1998; testimony of Julio Arango Escobar, given to the Court on June 17, 1998; and testimony of Fernando Moscoso Moller, given to the Court on June 17, 1998.