17
91.
In this same date, this police officer, Guillermo Cortez, sent a communication to the
Third Criminal Judge requesting him to overturn the transfer order because it had not been taken into
account that he had represented the national police, and as such, he had participated permanently in
the suppression of crime.35 This same day, the Third Criminal Judge issued a decision annulling the
transfer and keeping Mister Cortez under Police custody36.
92.
Also, in this same date, Jose Luis Garcia Ibarra’s mother sent a document to the
substantive judicial authority showing him that police officer Guillermo Cortez had a criminal
background an a record of police brutality. Mrs. Ibarra added that this officer had shot a civilian hurting
his spinal chord, making him paralytic. On this fact, Mrs. Ibarra provided a photographic document.37 On
October 27, 1992 Mrs. Ibarra reiterated this information38.
93.
On October 29, 1992 the Judicial Inspection Act of the Crime Scene was performed,
where the information on the location of nearby houses was registered, a solar, a white wooden cross
and the tree where young Jose Luis Garcia Ibarra died39.
94.
On November 6, 1992 the Criminal Judge ordered the forensic medical recognition of
Segundo Rafael Mosquera Sosa40 that was performed more than two months after the events on
November 19, 199241.
95.
On December 28, 1992 the closing of the first phase of the proceedings was about to
take place but this was objected by police officer Cortez and was later revoked on January 4, 199342.
96.
On January 8, 1993 police officer Cortez requested that the judicial recognition of the
scene of the crime be made once again and that different experts be designated43.
97.
On January 13, 1993 the First Judge of the First District of the National Police ordered
that the judicial recognition of the scene of the crime be performed again44 and in a separate document,
he ordered the expert witness recognition of the firearm45.
35
36
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 48, Vol. II.
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 49, Vol. II.
37
According to the petitioners brief to the IACHR of March 11, 1996, in the shooting of Luis Evangelista Marquez,
Guillermo Cortez was acquitted by a police court.
38
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 59, Vol. II.
39
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 63, Vol. II.
40
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 64, Vol. II.
41
Appendix 14. Forensic examination order for Segundo Mosquera Sosa (Attachment to the petitioners’ brief of June
19, 2009).
42
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 79. Vol. II; and
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 82. Vol. II
43
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 83, Vol. II.
44
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 84, Vol. II.
45
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 86, Vol. II.