7
reluctant to provide the necessary funds; that is why excavations were made
only in those places which presented the greatest possibilities of finding the
bodies;
iii. on July 19, 2005, the Judge in charge of the 7th Trial Court informed that the
investigation methodology was based in the judicialization of all the ad hoc
Commission records. At present, due to the amendment of the code of criminal
procedure of the province of Mendoza, the case passed, after two selfdisqualifications, to the Guarantees Court No. 1, which informed that there is a
possibility that the case continues its progress in the Unidad Fiscal de Delitos
Complejos (Complex Crimes Prosecution Unit). With respect to the
individualization of those responsible for the disappearances of Garrido and
Baigorria, nobody has been accused or prosecuted to date. The trial court
informed that "beyond the suspicion involving the police personnel mentioned
in the report of the ad hoc Commission, the evidence gathered so far does not
allow to assign any concrete criminal liability to anyone” and it stressed on the
need to “act with the highest degree of care because in case of charging
anyone with the investigated facts, that person’s procedural situation would
have to be solved within six days [and,] considering the quality of the
evidence gathered, […] the accused should have to be dismissed on the
grounds of lack of evidence and eventually an extraordinary extension of the
investigation term, the limit of which is six months, should have to be granted;
if his/her procedural situation did not change after the above mentioned sixmonth term, a final dismissal should have to be ordered, which in the future
would prevent to again submit the suspect to the prosecution process by virtue
of the non bis in idem constitutional principle,” and
c)
finally, the State claimed that the investigation conducted by the ad hoc
Commission, "which had the approval of the Supreme Court, the Inter-American
Commission and the National Executive Power, […] from the National State point of
view, has legal weight to prosecute and punish those who were identified as
responsible [and that there w]ere important, clear and conclusive testimonies
against those responsible for the kidnapping and the disappearance of Mr. Garrido
and Mr. Baigorria.” It expressed that “the [resulting] evidence had been made
available to the Judicial Power based on [a] [Supreme] Court Administrative
Provision”, but that it arouse doubts to the Judicial Power authorities with respect to
the nature of that evidence. That is why it expressed that “if we do not continue to
support this proceeding, both the Commission and the Court, the Judicial Power may
continue to have doubts on whether that evidence is conclusive and necessary to
render judgment […].” It clarified that when the ad hoc Commission was created, in
order to vest it with legal value before the courts, the Supreme Court was requested
to approve the creation of the said Commission, approval which was effected through
an Administrative Provision by means of which the Supreme Court declared the
availability of Judicial Power members to hear testimony jointly with the members of
the ad hoc Commission, who received more than 200 testimonial statements.
7.
That representative Carlos Varela Alvarez, during the above mentioned private
hearing, stated the following:
a)
with respect to the investigation of the disappearances of Mr. Garrido and Mr.
Baigorria, the next of kin caused the case file to move forward in the first place, and
then the representatives. He pointed out that the government of Mendoza is
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos