the crimes of abduction, criminal association, and murder to the detriment of Narciso
González Medina. 130
116. On June 13, 1995, the preliminary investigation was opened. 131 According to the
Code of Criminal Procedure in force at that time and up until 2004, the Investigating Judge
exercised the control of the investigation and, therefore, had autonomy to conduct it and to
gather the probative elements, with the aid of the prosecution. 132 According to the
testimony provided to this Court by Eduardo Sánchez Ortiz, the judge in charge of the
investigation, the “conclusions of the Joint Board of the Armed Forces and the National
Police […] were forwarded to [him …] by the National District, Public Prosecutor” and were
of a “referential nature” in the judicial investigation. He indicated that “its evidence,
proceedings and conclusions […] did not have to be taken into account; [… because] for the
courts [to be able to] give any significance to the statements of those who were questioned,
those statements had to be ratified before the court.” 133 It is on record that the
Investigating Judge received the reports of the extrajudicial boards created to investigate
this case and also that he summoned around 100 people to declare, including most of the
approximately 58 individuals who had already testified before the said investigating
boards. 134
117. On January 8 and 28, and March 8, 1999, the Investigating Judge issued “preventive”
orders against the General who, at the time of the disappearance of Mr. González Medina
had been in charge of intelligence for the Dominican Air Force and a pilot at the service of
the President of the Republic; the Lieutenant Colonel who had been the Director of Plans and
Operations of the Air Force Intelligence Department (A-2) and the Major General who had
been the Armed Forces Secretary of State. 135
118. On May 25, 2001, the complainants reiterated the civil complaint before the
investigating Judge of the National District Seventh Investigating Court. 136
119. Three months later, on August 24, 2001, the National District Seventh Investigating
Court issued decisions Nos. 195/2001 and 110/2001, in which it decided “not to commit […]
to trial” the General who had been in charge of the Intelligence Department of the
Dominican Air Force (A-2) or the Lieutenant Colonel who had been the Director of Plans and
Operations of the A-2, and decided “[f]irst: to declare […] that there are grave, serious,
precise and consistent indications that implicate the criminal responsibility of the said [Major
130
Cf. Civil complaint brief of May 26, 1995, filed before the Seventh Investigating Court on June 12, 1995
(file of attachments to the pleadings and motions brief, attachment 14, folios 4918 a 4934).
131
Cf. August 24, 2001, ruling of the Investigating Court, supra note 105, folio 4314.
132
Cf. Testimony provided by expert witness Cristóbal Rodríguez Gómez on June 20, 2011, supra note 87,
folios 1162 a 1165; testimony given by witness Guillermo Moreno García on June 20, 2011, supra note 127, folios
1107 and 1108, and testimony given by witness Eduardo Sánchez Ortiz before the Inter-American Court during the
public hearing held in this case on June 28, 2011.
133
Affidavit of Eduardo José Sánchez Ortiz of August 17, 2011 (merits file, tome IV, folios 1656 and 1657).
134
In its answering brief, the State indicated that, during the criminal proceedings, “numerous individuals
were questioned, including those who had testified before the Joint Board.” Cf. Answering brief (merits file, tome
II, folio 703, para. 106). In addition, see August 24, 2001, ruling of the Investigating Court, supra note 105, folios
4167, 4174 and 4314 to 4534.
135
Cf. August 24, 2001, ruling of the Investigating Court, supra note 105, folios 4462, 4477, 4350, 4534,
4543 and 4555.
136
Cf. Brief of May 25, 2001, reiterating the civil complaint, filed before the Seventh Investigating Court (file
of attachments to the application, attachment 11, folios 3818 a 3825).
39
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