38
inconceivable that there could have been another white van or other white vans
in the hands of common criminals, one of whom passed himself off as a
Treasury Police agent. His investigations showed that the Treasury Police
Department had been operating on the margins of the law, abusing its power to
the detriment of the citizens and breaching human rights. He was also able to
verify some cases in which uniformed members of the Treasury Police had
detained and remanded to the Courts some of the persons involved in this
case. He had prepared a final report which he sent to the Judiciary. In that
report he identified two vans, one white and the other cream. He also reported
that the Treasury Police Department illegally used 14 private license plates.
68.
At the public hearing held at its seat on November 13, 1997, the Court heard
the testimony of Mr. Julio Aníbal Trejo-Duque, former Seventh Judge of Criminal First
Instance, who had been in charge of the so-called "white van case." His statement is
summarized as follows by the Court:
The witness’s obligation in regard to the "white van case" was to attempt to
convert the statements contained in the police report into judicial proceedings,
but most of the witnesses refused to testify because they were afraid. He
considered that 60 per cent of the police investigation submitted to him was
"judicialized." He had made a judicial inspection of the seized vehicles at the
Department of the National Police, but none revealed any evidence. It was
usual for the Treasury Police to use private license plates, there being a great
many such plates at both the National Police and the Treasury Police. Persons
connected with the case were imprisoned: Ms. Torres-Gil, Mr. AngáritaRamírez, Mr. Vásquez and Mr. Montenegro, who, in his view, were the
Treasury Police’s main accusers and then acted as private accusers against
that institution. Mr. Angárita-Ramírez said that he had been brutalized by his
captors but, although the existence of injuries was proven, he thought that
they may have occurred while the accused was resisting arrest. He had never
issued a warrant for the arrest of any Treasury Police agent or of Oscar
Augusto Díaz-Urquizú. He summoned the accused to question them and they
appeared voluntarily. Before initiating the inquiry, he had issued a restriction
order against all of the accused. The examination was conducted in groups
from July 19 to 22, 1988, after which he ordered preventive detention. At that
stage he had five days in which to legalize the detention while he settled the
legal situation of the accused. Under the law, at the end of those five days, he
was obliged to order their release or place them in provisional imprisonment so
that the investigation phase could begin. In order to issue the order for
imprisonment there must be sufficient motive to suggest that the accused
were guilty of the act. He only issued a detention order, given the short time
he had to conduct the 27 examinations. He was kidnapped on July 20, 1988,
released two days later, and told that his abduction had been a mistake. He
was not asked any questions about the "white van case" during his captivity.
He returned to work on July 23, 1988, at which time the examination of the
accused had been completed. All of the accused were placed in preventive
detention and the substitute judge, Vicente Sagastume-Pérez, issued an order
for imprisonment of some of them, because the deadline had passed between
July 19 and 22. He began to study the case as soon as he resumed his duties
and, on July 26, decided to issue an order of provisional release ("libertad bajo
caución juratoria") so that the case could move to the indictment stage
("sumario"), and to continue the investigation. On July 27, he ruled on the
legal situation of the Treasury Police agents against whom Sagastume-Pérez
had issued the imprisonment orders. He revoked those orders and issued an
order for their provisional release and, in this way, the 27 accused remained
connected to the process. The accused did not enjoy absolute freedom, but