22
Agapito was detained.”107 The Second Trial Court did not rule in that regard and merely indicated “add the
information to his background.”108
90.
On September 27, 2001, Roberto Ruano Torres, brother of José Agapito, and two other
persons appearing as witnesses, submitted a brief to the Second Trial Court in and for San Salvador
stating that the person known as Chopo was Rodolfo Ruano Torres and not José Agapito Ruano
Torres.109 Therefore, they said, “if what the case says is true, the person who should know anything
would be the brother who is the person who goes by that ALIAS.”110
91.
The pre-trial hearing began on October 1, 2001, in the Second Trial Court in and for San
Salvador. At the beginning of the hearing the accused, including José Agapito Ruano Torres, were asked
if they wanted to make statements. The audio of the pre-trial hearing shows that Mr. Ruano Torres
stated “I am willing to make a statement.” However, the Second Trial Court in and for San Salvador did
not allow him to make a statement. On the contrary, following his response another one of the accused
was asked if he wanted to make a statement.111 In addition, various witnesses testified that on the day
that Mr. Rodríguez Marroquín was kidnapped, Mr. Ruano Torres was working with his brother Roberto
Ruano Torres remodeling a school until late in the evening.112 They also pointed out that the nickname
Chopo belonged to Rodolfo, the brother of José Agapito Ruano Torres.113 During the questioning of Mr.
Rodríguez Marroquín, he named and pointed out all of the accused, including José Agapito Ruano
Torres, present in the hearing as participants in his kidnapping.114 He further stated that after the
suspects in the kidnapping had been arrested, he had seen them “in the newspapers and in one
video.”115
92.
On October 5, 2001, the Second Trial Court in and for San Salvador convicted José
Agapito Ruano Torres, José León Pérez Alvarado, José Orellana, José Dolores Ruano, Francisco Mejía,
Ricardo Antonio Figueroa, Toribio Chiquillo Rodríguez, Joaquín Rodríguez and Miguel Ángel Guzmán as
co-perpetrators in the kidnapping of Mr. Rodríguez Marroquín and sentenced them to fifteen years in
prison.116. The Court based its decision on the corroborating (unánimes y contestes) statements of Jaime
Rodríguez Marroquín and Javier Amaya Villalta.117. With regard to the testimonial evidence relating to
107
Annex 1. Communication signed by the Mayor of the Municipality of Guazapa, dated September 21, 2001, page 553, criminal
case file 77-2001-2.
108
Annex 1. Brief of the Second Trial Court in and for San Salvador, dated September 26, 2001, page 555, criminal case file 77-2001-
109
Annex 1. Brief signed by Roberto Ruano Torres and two other persons, dated September 2001, page 560, criminal case file 77-
110
Annex 1. Brief signed by Roberto Ruano Torres and two other persons, dated September 27, 2001, page 560, criminal case file
111
Annex 2. Audio of the pre-trial hearing on compact disc No. 2.
2.
2001-2.
77-2001-2.
112
Annex 2. Statements of Eleazar Antonio Alemán, Roberto Ruano Torres, José Alberto Orellana Barrera and Nublas Parada Zelaya.
Audio of the pre-trial hearing on compact discs No. 6 and 7.
113
Annex 2. Statements of Roberto Ruano Torres and María Maribel Guevara. Annex 2. Audio of the pre-trial hearing on compact
discs No. 6 and 7.
114
Annex 2. Statement of Jaime Rodríguez Marroquín. Audio of the pre-trial hearing on compact disc No. 3.
115
Annex 2. Statement of Jaime Rodríguez Marroquín. Audio of the pre-trial hearing on compact disc No. 3.
116
Annex 1. Judgment of the Second Trial Court in and for San Salvador, dated October 5, 2001, page 590, criminal case file 77-2001-
117
Annex 1. Judgment of the Second Trial Court in and for San Salvador, dated October 5, 2001, page 590, criminal case file 77-2001-
2.
2.