4
(c)
“it was established that an arrest warrant was on record and still in
force, dated January 21, 2004, and issued by the Juzgado Segundo de
Ejecución [Execution Court Number Two] for the crime of Murder;”
(d)
“coordinations with the central national INTERPOL office in
[Guatemala] are kept current, so that the pertaining steps be taken in
order to locate Mr. Juan Valencia Osorio internationally”, and
(e)
“that it will continue to monitor the actions taken by the Ministerio
Público [Office of the Public Attorney] and the Ministerio de Gobernación
[Ministry of Government] in order to find out the whereabouts of Mr. Juan
Valencia Osorio, for the purpose of keeping the Court[…] informed about
this commitment.”
9.
That with regard to compliance with such obligation, the representatives
pointed out in their comments, as well as in the course of the private hearing,
inter alia, that:
(a)
“it cannot be established that actual specific action is being taken
towards arresting Mr. Valencia Osorio, [for the State does not] inform
anything about whether the information given by [the] witness was
verified against the records […] in [the countries mentioned by the State],
and whether the agents mentioned continue investigating the facts up to
this date;”
(b)
although the State had informed about the fixed surveillance post
set up at the residence of Mr. Juan Valencia Osorio in order to apprehend
him, it did not inform “how long [did] the fixed post surveillance at the
residence last and which was the surveillance daily schedule that was
kept;”
(c)
“on previous occasions the State ha[d] informed about the
existence of a Comité de Impulso [Expediting Committee], of which it has
only reported on the membership. [However, the] State [would] not have
said anything about the actions it has taken or that are being carried out
in order to find out the whereabouts of Mr. Valencia Osorio so as to effect
his arrest;” and
(d)
They moved for the Court to request “the State […] to provide full
and detailed information about the actions that are being taken in order to
locate and apprehend Mr. Juan Valencia Osorio.”
10.
That the Commission, in its observations, as well as in the course of the
private hearing, “set much store on the State having adopted some measures in
order to enforce the arrest warrant and observ[ed] that there exist a number of
actions that are still to be taken […] and that, in fact, up to this date, the arrest
warrant against Mr. Juan Valencia Osorio remains unenforced.” It concluded by
expressing that it “hope[d] that the State would continue to provide specific
information about the steps taken in order to comply with such obligation” and
requested it to inform on whether any diplomatic action had been taken in order
to learn whether such person had actually left the country and could be in Costa
Rica or in Venezuela, as the State alleged.