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Also that of BRUCE CAMBELL HARRIS LLOYD, because, in his capacity of Executive
Director of the Casa Alianza Association, it is inferred that he lacks impartiality, since
this social assistance organization shelters and protects street children, including the
deceased, so that it is subject to partial disqualification.
[...]
With regard to the statements of MARIA EUGENIA RODRIGUEZ (minor), GUSTAVO
ADOLFO CONCABA CISNEROS (minor), AIDA PATRICIA CAMBARA CRUZ, JUAN JOSE
MENDEZ SANCHEZ (minor), JULIA GRISELDA RAMIREZ, MICAELA SOLIS RAMIREZ and
ROSA ANGELICA VEGA, [...] none of them directly named the defendants, and other
means of evidence are needed in order [...] to reach the legal conviction that [the
defendants] are responsible for the facts [investigated].
[...]
The declarations of the […police] investigators are in the same conditions as those
mentioned previously, because they do not name the defendants as the authors of these
execrable crimes either directly or indirectly.
113. In the same judgment, the court refers to the following documents: a) report
of the investigation conducted by the National Police Force, which records, among
other circumstances that Julia Griselda Ramírez López “identified NÉSTOR FONSECA
LÓPEZ and SAMUEL ROCAEL VALDEZ ZÚÑIGA, in the [k]ardex of the unit’s
personnel”, and indicated that they were responsible for the murder of Anstraum
Aman Villagrán Morales; it was established that Fonseca López and Valdez Zúñiga
worked for the National Police Force; it was recorded that Valdez Zúñiga had as
equipment a “thirty-eight caliber Taurus revolver, registration number [...]
(1481127)” and that “the bullet, the head of which was found on inspecting the body
of the minor Villagrán Morales, was fired by the said arm”; b) report of the Deputy
Head of the Fifth National Police Unit from which it appears that on June 25 and 26,
1990, agent Valdez Zúñiga “left this unit at 8.00 to go off-duty”; report of the Head
of the Criminal Investigations Department of the National Police Force in which it is
repeated that Samuel Rocael Valdez Zúñiga and Néstor Fonseca López were
members of the said Police Force and that the type of arm issued to Fonseca López
had not been established; and d) descriptive records of the identification of the
bodies in the case “corresponding to persons who died violently due to gun wounds”.
Regarding all these elements, the judge of the Third Criminal Sentencing Court
concludes that “the foregoing is insufficient evidence to be certain of the participation
of the defendants in the illegal criminal acts that are attributed to them”.
114.
Lastly, the first instance judgment asserts that
The same situation arises with regard to the legal identification formalities practiced [...]
from which it is clear that WALTER ANIBAL CHOC TENI, JULIA GRISELDA RAMIREZ
LOPEZ and MICAELA SOLIS RAMIREZ did not identify the persons who are alleged to be
responsible from among the persons that were put in front of them, only the minor
GUSTAVO ADOLFO CISNEROS CONCABA [sic], stated that the defendant NESTOR
FONSECA LÓPEZ was among those persons, but this fact does not change the situation.
115. The first instance judgment concluded by delivering an “ACQUITTAL” in favor
of the defendants.
116. The Office of the Attorney-General filed a remedy of appeal against the
judgment as soon as it was notified; the court granted the remedy and forwarded
the case file to the Fourth Chamber of the Court of Appeal.