158. Regarding the testimony of the former Captain and the police informer, there is no
record in either the report of the Joint Board or in the judicial decisions of conclusions to
prove that they were assessed in the investigations into the facts, because they are not
included in the grounds for the decisions of the courts, or of the report of the Joint Board.
Consequently, in particular, there is no record that the credibility of these deponents was
questioned by the entities responsible for the investigation. Nevertheless, in general, in the
judicial decisions issued in this case, the courts indicated that there was no other
testimonies, other than those specifically rejected, that were relevant and needed to be
taken into account (infra note 272).
159. Additionally, two other deponents stated that they knew that Narciso González
Medina had been in State facilities, specifically in the J-2 and the A-2, even though they had
not seen him personally. The Court observes that these statements, contrary to the
previous ones, were assessed and finally rejected during the judicial proceedings. The
testimony of the Armed Forces “supplier” (who testified that she knew that Narciso González
had been in the J-2 and that he had then been sent to the National Police), was rejected by
the Review Chamber, 198 because there were “contradictions” between her testimony and
that of the Armed Forces Secretary of State (who was the person who had allegedly
transferred Mr. González Medina to the Police), because her version “has not been
confirmed and, in particular, documented, and is totally denied by the accused” and, “from
the documents in the case file, as well as from the interrogations conducted, no new
relevant findings have been made to compare them or cross-check them with the
statements of [the ‘supplier’] that would lead us to assume that these were true. […] In
addition to the fact that it has not been possible to establish that Narciso González was
really at the headquarters of the J-2, the intelligence branch of the Armed Forces
Secretariat of State.” 199 In this regard, the Court emphasizes that the Review Chamber did
not taken into account that the said deponent had narrated these facts to an Army colonel,
to the “Head of the Army” and to the Armed Forces Secretary of State in 1997, always in
the same terms, which was taken into account by the Investigating Court in the ruling that
the following morning his home was searched by National Police officials and he was arrested and remained
detained seven days before being released “without any charges having been filed against him.” Also, according to
the testimony of the said “police informer,” when they took Narciso González out of the cell in the National Police
Headquarters and individuals known as “Paleros” [men with batons] put him in the “station wagon,” he “knew
why,” and therefore noted down the number of the license plate and took “two loose sheets, one for recording
entries and the other for recording departures,” on which Narciso González Medina’s entry into the police
headquarters had been recorded, which were found and destroyed by the police officials when they arrested him.
Undated statement made by Junior Sarita Lebrón before the Joint Board, supra note 189, folios 4096, 4098 and
4101. Also, cf. Testimony of Junior Sarita Lebrón before the Seventh Investigating Court on August 19 and 21,
1998, supra note 191, folios 1830 to 1846. In its report, the Joint Board indicated that the Major of the National
Police who had been in charge of the search, “at first denied emphatically that he had detained the said Carlos Julio
Sarita Lebrón and, in particular, that he had taken part in the [said] search […]; however, despite this, after he
had been presented with all the circumstances that proved this statement […], he admit[ted that Mr. Sarita
Lebrón] had been detained and subsequently released without any charges being filed.” Report of the Joint Board,
supra note 109, folio 3853.
198
Regarding the said testimony, during the judicial proceedings, the First Instance Court considered “[t]hat
there are serious and concurring indications that the Major General [Armed Forces Secretary of State at the time of
the disappearance of Narciso González] was aware, not only of the illegal detention of Professor Narciso González,
but also […] ordered that he be transferred to the National Police,” based on which it considered that he had “aided
in the illegal detention of Professor Narciso González,” and therefore decided “to refer him to the criminal courts.”
August 24, 2001, ruling of the Seventh Investigating Court, supra note 105, folios 4564 and 4565.
199
Decision of December 18, 2002 of the Santo Domingo Review Chamber, supra note 138, folios 4601, 4602
and 4606.
53
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos