2009, and April 26, 2012,118 the assistant prosecutor requested several national telephone
companies, banks and universities to provide detailed information on different telephone
numbers, user names, list of calls made and received, and other data. Only some of these
requests were answered on October 17, 19, 25 and 27,and November 2, 14 and 24, 2005; July
27, 28 and 31, August 2, 3, 9, 10, 11, and 18, October 4, and November 17, 2006; May 22 and
30, and July 5, 2007; April 2, 2008; April 13, 20 to 24, May 4, 5, 11, 13 and 14, and June 5 and
10, 2009, and January 26, February 8, and March 5, 6 and 13, 2012,119 advising that: (i) their
systems did not store text messages; (ii) they had no record of calls made on August 12 and 13,
2005, because, usually, they only kept information for the last three months; (iii) some of the
telephone numbers did not correspond to numbers assigned by the Telecommunications
Superintendence, and (iv) some numbers corresponded to the pre-paid service and, therefore,
the company had no record of the personal data of the user or owner of the telephone line.
Finally, on October 27, 2010, the assistant prosecutor asked the Head of the Analysis
Department of the Public Prosecution Service to make a thorough analysis of the calls made and
received between August 10 and 15, 2005, by various telephones.120
82.
Activity of Jorge Rolando Velásquez Durán as joint complainant. On November 15, 2005,
Jorge Rolando Velásquez Durán asked the judge of the case to allow him to intervene
provisionally in the proceedings as joint complainant, and on November 28, 2005, the judge
agreed to his request.121 The case file reveals that, at least, in briefs dated July 19, August 3
and 25, and October 12, 2006, January 12, 2007, July 18, 2008 and February 5, 2009,122 Mr.
Velásquez Durán made various observations, comments and recommendations regarding the
investigation to the Prosecutor General and to the Head of the Public Prosecution Service. It also
reveals that Mr. Velásquez Durán took part in several meetings with the assistant prosecutor
and the prosecutor in charge of the investigation.
83.
Procedures to reconstruct the events. On June 26, 2006, two procedures were conducted
to reconstruct the events in the presence of the assistant prosecutor and the crime scene
experts responsible for planimetry and photography, as well as with the presence of several
individuals.123 Four individuals who were linked to the criminal investigation at that time took
part in this procedure.
84.
Information on individuals who were released from prison on August 12 and 13, 2005.
Following the request of the assistant prosecutor, on July 12 and 13, 2006, the Director General
of Prisons requested and received information on individuals who had been released from 15
prisons on August 12 and 13, 2005. According to the information obtained from those prisons,
approximately 64 individuals were released on those dates. 124 This information was forwarded to
the assistant prosecutor.
Cf. Communications of the assistant prosecutor 2005, 2006, 2007, 2008, 2009 and 2012 (evidence file, folios
4240, 4242, 4244, 4250, 4257 to 4260, 4420, 4421, 4414 to 4418, 4445 to 4456, 4437, 4491 to 4493, 4546, 4588 to
4597, 4601 to 4604 and 5776).
119
Cf. Communications of 2005, 2006, 2007, 2008, 2009 and 2012 (evidence file, folios 2783 to 2792, 4957 to
4970, 4976, 5127 to 5242, 5688 to 5694, 5698, 5731 to 5752 and 5757).
120
Cf. Communication of the assistant prosecutor of October 27, 2006, addressed to the judge of the case
(evidence file, folio 4436).
121
Cf. Letter of November 15, 2005 (evidence file, folios 3043 to 3046), and Decision of the judge of the case of
November 28, 2005 (evidence file, folio 3050).
122
Cf. Letters of July 19, August 3 and 25 and October 12, 2006, January 12, 2007, July 18, 2008, and February
5, 2009 (evidence file, folios 2648 to 2663, 2759 to 2770, and 2773 to 2776).
123
Cf. Procedures for the reconstruction of the events on June 26, 2006 (evidence file, folios 4008 to 4011).
124
Cf. Communications regarding individuals who were released from prison on August 12 and 13, 2005, issued by
15 prisons on July 12 and 13, 2006 (evidence file, folios 5262 to 5297). See, also: Communication of the Directorate
General of the Prison System of June 28, 2006 (evidence file, folios 4756 to 4759).
118
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