new chief of the Technical Evaluation Office at San Carlos University by the Rector, Efraín Medina, had taken
money which was supposed to have been invested in the University's infrastructure.135 Mr. Gutiérrez said that
Mayra Angelina Gutiérrez had apparently learned of the situation and, therefore, was “a major and serious
obstacle for the Office of the Rector ... [T]he only solution was to “disappear” her to prevent them from being
discovered, and better yet if Mayra never turned up as that would provide them with a way to justify her
disappearance by inventing that she had eloped to another country with some boyfriend ….”136
96.
An undated brief submitted by the prosecutor from the Public Prosecution Service after
2004 said that “so far, material impossibilities have meant that the status of the above-referenced proceeding
has remained unchanged owing to a number of factors that prevent a meticulous and in-depth investigation.
In spite of that, our efforts have been laudable and the inquiry has resumed, with guidelines given to the
investigator ....”137
97.
On February 9, 2005, prosecutor Sara Payes reported that Mr. Arancibia, for whom there is
an outstanding detention order for the offense of being an accessory after the fact, is in Mexico and has not
come forward to resolve his legal situation.138 She said that there were a number of investigative measures
pending, such as: (i) the exhumation of a number of persons who have appeared in the department of
Quetzaltenango; (ii) the summons of Osmín Pineda; and (iii) “other investigations that cannot be disclosed for
the time being.”139
98.
The State said that in October 2007 the criminal proceeding was still at the investigation
stage.140 The IACHR notes that the record of the criminal proceeding refers to the procedure for the
exhumation of corpses.141 The record contains a communication from prosecutor Sara Payes to the
Administrative Chief of the Public Prosecution Service, saying that in order to carry out the exhumations "it is
necessary to pay for the services of private individuals to perform the relevant tasks.”142
99.
The State added that in March 2008, the National Civil Police had attempted to locate Mr.
Arancibia at the addresses on record for him but that "the results were negative.”143 On September 22, 2009,
prosecutor Sandra Sosa indicated that the record for the case was in the possession of the Office of the
Prosecutor for Property Crimes and, therefore, it had to be examined by the Special Prosecution Unit for
Human Rights, “which, moreover, has the staff and capacity to perform a better investigation because of its
light caseload; and ... it is being jointly investigated with the Office of the Human Rights Ombudsman.”144 In a
writing dated December 23, 2009, prosecutor Sosa said that the Human Rights Prosecution Unit had refused
the case's transfer.145
135 Annex 1. Judicial record, Pages 4681-4688 and 4694-4700. Volume 4. Enclosed with the State's communication of
November 23, 2014.
136 Annex 1. Judicial record, Pages 4681-4688 and 4694-4700. Volume 4. Enclosed with the State's communication of
November 23, 2014.
137
Annex 1. Judicial record, Volume 2, Enclosed with the State's communication of November 23, 2014.
138 Annex 1. Judicial record, Pages 4681-4688 and 4694-4700. Volume 5. Enclosed with the State's communication of
November 23, 2014.
139 Annex 1. Judicial record, Pages 4681-4688 and 4694-4700. Volume 5. Enclosed with the State's communication of
November 23, 2014.
140
Annex 32. State’s brief of October 15, 2007
141
Annex 1. Judicial record, Pages 3378 and 3665-3666. Volume 5. Enclosed with the State's communication of November 23,
142
Annex 1. Judicial record, Pages 3665-3666. Volume 5. Enclosed with the State's communication of November 23, 2014.
143
Annex 33. State's brief of March 5, 2008.
144
Annex 1. Judicial record, Page 5461. Volume 6. Enclosed with the State's communication of November 23, 2014.
145
Annex 1. Judicial record, Page 5466. Volume 6. Enclosed with the State's communication of November 23, 2014.
2014.
20