well as the fact that Air Force documents were incinerated (supra para. 124). In addition,
the State did not respond to the question that the Court asked in order to obtain helpful
information (supra para. 11 and note 15) regarding whether, during the domestic criminal
proceedings, a line of investigation had been followed concerning the probative elements
provided by the testimony of individuals who stated that they had witnessed, known of, or
verified the destruction or alteration of official documents that could have been relevant for
the investigation of what happened to the presumed victim and, if appropriate, the
conclusions that were reached.
235. This above is especially serious in the case of a forced disappearance, precisely
because it is “characterized by trying to eliminate any element that would allow the
abduction, the whereabouts, and the fate of the victims to be proved” (supra para. 134).
The information that should be registered in the archives, logbooks, rosters and any other
document recording information of the State’s security agencies is valuable and necessary
to identify those who were detained on the dates of Narciso González Medina’s
disappearance, and the State agents who were on duty those days. The follow-up on this
information could be extremely useful to determine Mr. González Medina’s whereabouts and
clarify the facts investigated.
236. In this regard, the Court considers that, even though the Investigating Judge asked
questions about the loss of duty rosters or their possible incineration, the judicial decisions
of August 2001 and December 2002 (supra paras. 119 and 120) do not contain any
assessment of the said probative elements, or whether they had been followed up on to
determine what really happened, and the connection to Narciso González Medina’s
disappearance. In addition, if the deponents had really contradicted each other, as the State
indicated before the Court, it also corresponded to the judicial authorities to investigate this
and make the inquiries and conduct the expert appraisals necessary to clarify any
discrepancies that existed, and there is no record that this was done.
237. Furthermore, there is no record that the judges in charge of the judicial investigation
developed a line of inquiry about the reason why two deponents retracted their
testimony. 270 The possibility that they had changed their testimony owing to fear or threats
was not investigated, and this is particularly serious taking into account that one of them
stated that he had taken part in the operation to arrest Mr. González Medina and had taken
him to the Intelligence Division or Directorate of the Armed Forces Secretariat of State (J-2)
(supra para. 156). In his first statement, this deponent testified that he had not advised his
superiors for “fear that [he] would be killed if he testified.” However, when retracting his
statement before the Investigating Judge, the latter merely reminded the deponent that,
previously, he had stated the contrary. There is no reference to or assessment of this in the
decisions of the Investigating Judge and of the Review Chamber (supra paras. 119 and
120), merely a simple summary of the testimony.
270
One of these deponents was a Major of the National Police who, two months after he had stated that he
remembered “perfectly” having witnessed the destruction of May 26, 1994, duty rosters by two Majors of the
National Police, retracted, indicating that his “eyes had possibly deceived [him].” Testimony of Damián Enrique
Arias Matos of June 15, 1998, before the Joint Board (file of attachments to the application, attachment 13, folio
3988), and testimony of August 10, 1998, given by Damián Enrique Arias Matos before the Seventh Investigating
Court (merits file, tome V, folio 1860). The other deponent who retracted was a military official, a Sergeant Major,
who initially stated before the Joint Board that he taken part in the operation to arrest Narciso González Medina
and who, eight months later, before the Investigating Court, retracted this testimony and indicated that the
operation had been to locate another person (supra notes 189 and 192). Cf. Testimony of May 15, 1998, given by
Juan Dionisio Marte before the Joint Board (supra note 189, folios 1974 to 1981), and testimony of Juan Dionisio
Marte of January 12, 1999, before the Seventh Investigating Court, supra note 189, folio 1903.
74
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