25
René Morales-Marroquín and Neftalí Ramírez as the three individuals who
abducted Mr. Vásquez.
(cfr. Affidavit signed by Delia Amparo Hernández-Mejía on March 16, 1988).
f.
In his report to the Inter-American Court, expert Robert C. Bux (infra,
para. 67 (l) (7)) referred to the file on Mr. Vásquez and the injuries inflicted on
him after his arrest.
g.
The following activity is recorded in the Guatemala City Treasury Police
Department Intelligence and Narcotics Squad log for February 13, 1988:
CAPTURE, SEIZURE AND REMAND: at 23:00 hours, members of the Treasury
Police serving in this Section effected the arrest of persons […] OSCAR
VÁSQUEZ-PALACIOS […], on the public thoroughfare at 25 th Avenue and 26 th
Street in Zone 6 […] in flagrante delicto when at the above address one of them
was selling Marijuana and others purchasing and consuming it, seizing that drug
from each of them, which was the reason for their detention and remand,
together with the corpus delicti, to the Twelfth Court of Criminal Justice; to that
court they had delivered a sum of exactly one hundred and eighty-two quetzales
(Q. 182.00) with which money the accused attempted to bribe the arresting
officers.
(cfr. Log book showing the activities and events in the Intelligence and Narcotics Squad of the
Guatemala City Treasury Police Department of Guatemala City for the month of February nineteen
hundred and ninety-eight, folio 4).
h.
According to official communication No. 167-REF. GCD/Jmpo of
February 14, 1988 from the Chief of the Treasury Police II to the Twelfth
Examining Magistrate of Guatemala City, Mr. Vásquez was referred to that
Court after being apprehended in flagrante delito at a suspicious meeting, and
a quantity of "the herb marihua (sic)" seized from him. The official
communication also states that, according to the statements of the other
persons detained and of Mr. Vásquez himself, he was a drug dealer and
trafficker in the area in which he was arrested.
(cfr. Official communication No. 167. REF. GCD/Jmpo of February 14, 1988, from the Chief of the
Treasury Police II to the Twelfth Court of Criminal Instruction of Guatemala City).
i.
According to an official communication of June 13, 1988, signed by
Judge Otto Fernando Palma-Chacón, Twelfth Examining Magistrate, to the
Seventh Judge of Criminal First Instance, Mr. Vásquez was taken by the
Treasury Police before the Twelfth Examining Magistrate of Guatemala on
February 14, 1988, through official communication No. 167, accused of
unlawful traffic in pharmaceutical products, drugs or narcotic substances, and
active bribery.
(cfr. Official communication of June 13, 1988, signed by Judge Otto Fernando Palma-Chacón, XII
Examining Magistrate and addressed to the Seventh Criminal Judge of First Instance).
7.
Concerning Mr. José Antonio Montenegro
a.
Affidavit signed by José Antonio Montenegro on March 15, 1988, at the
Office of the Governor of the Pavón Rehabilitation Correctional Farm. He
testified that he was detained at his home on February 13, 1988, at 7:00 p.m.
by three persons in civilian clothes and placed inside a white "van" vehicle with
tinted windows and occupied by Mr. Oscar Vásquez. Inside were also seven or
eight agents of the Treasury Police, who ill-treated him. At the Treasury Police
station they were undressed and beaten, and boxes of sweets and marijuana