25, 1994.171 On February 6, 1994, the Commander of the Departmental Military Reserve
Forces advised the judge that he should address his request to the Commander of No. 4
Military Zone, because the functions of the area under his command did not include “the
supervision of the Voluntary Civil Defense Committees” and their organization.172 Therefore,
on February 14, 1994, the judge addressed his request for information to the Commander
of the said Military Zone who, on March 9, 1994, responded that the Military Zone had been
created on May 23, 1983, and, consequently, there were no records or archives of
members of the PAC prior to that date.173
107. According to the information and documentation presented by the parties and by the
Inter-American Commission, an arrest warrant was issued for former Colonel José Antonion
Solares González as the “mastermind of the crime of murder,” ten years later, on April 15,
2003.174 In this regard, three searches have been carried out and orders to find him have
been sent to, inter alia, the Traffic Department of the National Civil Police, the National
Immigration Directorate, the Ministry of National Defense, the Military Social Security
Institute, and the banks of the Guatemala National Mortgage Loan system.175
108. On May 14, 2003, the Public Prosecution Service requested the support of the
Prosecutor General in order to conclude the investigation in the proceedings. The Public
Prosecution Service indicated that it was “necessary to execute the arrest warrant so that
the mastermind of the incident [can be] prosecuted together with the perpetrators […] in
order to demolish the wall of impunity that exists in similar cases.”176 In addition, it advised
that Mr. Solares González had filed “an application for habeas corpus before the Fourth
Chamber of Appeal, the result of which is still unknown.”177 On March 12, 2009, the Public
Prosecution Service asked the First Instance Criminal Court of Baja Verapaz to declare Mr.
Solares González in contempt of court and to reiterate the arrest warrants and travel
restrictions against him, and others,178 which the said Court put into effect the following
day.179 To date, José Antonio Solares González has not been arrested.
171
Cf. communication of the First Instance Court for Crime, Drug-trafficking and Offenses against the
Environment of Baja Verapaz of January 25, 1994 (file of attachments to the final written arguments of the State,
folio 28718).
172
Cf. communication of the Commander of the Departmental Military Reserve Forces of February 6, 1994
(file of attachments to the final written arguments of the State, folio 28721).
173
Cf. communication of the Commander of No. 4 Military Zone of March 9, 1994 (file of annexes to the
submission of the case, tome II, folio 1146).
174
Communication of the First Instance Court for Crime, Drug-trafficking and Offenses against the
Environment of Baja Verapaz of April 25, 2003 (file of attachments to the final written arguments of the State, folio
27431).
175
Cf. the different communications can be found in file C-01076-2011-00009-Of.4o forwarded by the State
with its final written arguments (file of attachments to the final written arguments of the State, folios 27310 to
27802).
176
Communication of the District Prosecutor addressed to the Prosecutor General on May 14, 2003 (file of
annexes to the submission of the case, tome III, folio 1656).
177
Communication of the District Prosecutor addressed to the Prosecutor General on May 14, 2003 (file of
annexes to the submission of the case, tome III, folio 1656).
178
Cf. communication of the Prosecutor addressed to the First Instance Court for Crime, Drug-trafficking and
Offenses against the Environment of Baja Verapaz on March 12, 2009 (file of attachments to the final written
arguments of the State, folio 27689).
179
Cf. decision of the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment
of Baja Verapaz of March 13, 2009 (file of attachments to the final written arguments of the State, folio 27691).
46
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