81. The parties did not provide a copy of the case file of this criminal proceeding, merely copies of the first and second instance judgments, the expert opinions submitted during the domestic criminal proceedings, and the testimony of Danilo Chinchilla Fuentes. However, the prosecutor of the Public Prosecution Service, Manuel Giovanni Vásquez Vicente, advised that two arrest warrants are pending execution against two agents who took part in the operation in which Mr. García was arrested, and “the public and oral trial is pending against [those who were at the time] the Director General of the National Police and […] the Commander General of the Fourth Unit of the National Police.” According to Manuel Giovanni Vásquez Vicente, these individuals “participated because they were part of the chain of command.” He also indicated that “the Ombudsman’s Office is investigating patterns and identifying positions of command [within the Police, and the military units,] in order to determine their responsibility.” 108 Nevertheless, he explained that: Within the judicial proceedings, rulings have been made that are not in keeping with legal requirements; favoritism towards senior commanders is symptomatic, such as the situation of [the Director General of the National Police at the time] who was granted the benefit of supervised house arrest as an alternative measure, without having verified the criteria of risk of flight and obstruction of the investigation. Abuse of legal remedies, such as the use of amparo, which, although it is a legal means of defense, has been admitted by the courts as a way of delaying a judgment. 109 82. Regarding the remains of Edgar Fernando García, the said witness indicated that “[t]he Public Prosecution Service has coordinated actions with the Forensic Anthropology Foundation in order to appoint them experts [and] thus, grant them legal authority to search, locate and identify the mortal remains of those who disappeared during the internal armed conflict.” In this regard, he explained that exhumations have been ordered in public cemeteries, secret graves, and graves located in military zones and detachments, and comparisons have been made with DNA samples taken from the next of kin of disappeared persons. In the case of Edgar Fernando García, samples were taken from his mother and daughter, but no matches have been found. 110 E) The Grupo de Apoyo Mutuo 83. Mrs. Montenegro stated that at the beginning of the forced disappearance of Edgar Fernando García, other family members of disappeared persons approached her in search of support, and that is how the idea emerged to create the Grupo de Apoyo Mutuo. The GAM was founded on June 4, 1984, as “a response to the heartbreak suffered by thousands of Guatemalans owing to the forced disappearance of their relatives and friends.” It was the first organization of its kind in Guatemala. Both Mrs. Montenegro and Mr. García’s mother were founding members of the GAM. 111 to 3997). The first instance judgment also acquitted these two individuals of the offenses of “illegal detention, with specific aggravating factors, abuse of authority, and kidnapping.” 107 792). Cf. Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folio 108 Cf. Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folios 793 and 795). 109 Cf. Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folios 795 and 796). 110 Cf. Affidavit prepared by Manuel Giovanni Vásquez Vicente on March 11, 2012 (merits file, tome II, folios 793 to 795). 111 Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public hearing in this case; affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome 30