51
140. Once these actions had been taken, on October 2, 1997, the executing judge decided
to close file 479-3-96, as “there were no more steps to take […] in the search for the child
José Rubén Rivera, having exhausted all the necessary measures to try to find the said
child.”217 This case remained closed until July 27, 2009, when the prosecutors who had been
assigned to it, who are also responsible for case file 225-UDVSV-00, requested that it be
reopened and the criminal proceedings continued. They also requested that several
measures be taken and evidence collected, and on October 21, 2009, the judge answered
the prosecutor’s request.218 In brief, the investigation had been archived for 12 years.
141. On February 23, 1999, the executing judge decided to suspend the processing of
case 187/97, “[n]ot having any significant information at that date with regard to the
identity of the perpetrators of the forced disappearance of the children Ana Julia Ramírez
Mejía and Carmelina Mejía Ramírez [... and] until new information can be provided.”219 The
body of evidence reveals that there has been no subsequent procedural activity, which is to
say that the case has been suspended for more than 12 years.
142. Finally, the evidence presented in this case reveals that there was procedural activity
in case 225-UDVSV-00 until February 13, 2004,220 and then it remained inactive regarding
the forced disappearance of José Rubén Rivera until August 14, 2007221 (in other words, for
three and a half years), and regarding the forced disappearance of the Contreras siblings
until August 27, 2008;222 that is, for four and a half years.
2. Reactivation and opening of new criminal investigations
143. In compliance with a habeas corpus resolution issued on February 17, 2003, by the
Constitutional Chamber of the Supreme Court of Justice (infra para. 161), on July 3, 2008,
the Public Prosecution Service launched a new investigation into the forced disappearance of
Gregoria Herminia, Serapio Cristian and Julia Inés Contreras against members of the Fifth
Infantry Brigade under case file 585-UDVSV-08.223 Also, following a report submitted by the
the Fifth Brigade, or any record of José Rubén Rivera. Cf. File 479-3/96, supra note 215, (evidence file, volume III,
attachment 43 to the application, folios 2424, 2426 to 2436). Regarding investigation 225-UDVSV-00, the State has
acknowledged that, on June 27, 2003, action was taken “to obtain the records of operations of the Fifth Infantry
Brigade; [during which,] a lieutenant informed the Prosecutor that the said records were in the General Archives of
the Ministry of Defense and that he should request them from the Ministry’s Legal Affairs Directorate. However,
there is no indication that the Prosecutor took further action to obtain the information from that General Archive.”
Cf. File 225-UDVSV-00, supra note 215, (evidence file, volume X, attachment 5 to the answer to the application,
folios 7243 to 7244).
217
File 479-3/96, supra note 215, (evidence file, volume III, attachment 43 to the application, folio 2437).
218
Missing folios from File 479-3/96 before the Second Trial Judge of San Vicente (evidence file, volume VI,
attachment 30 to the autonomous pleadings, motions and evidence brief, folios 4218 to 4221 and 4247 to 4249),
and File 225-UDVSV-00 on Disappearances of Persons, Unit for Crimes against Life and Physical Integrity. Public
Prosecution Service (evidence file, volume X, attachment 5 to the answer to the application, folios 7237 to 7241
and 7232 to 7234).
219
File No. 187, supra note 215, (evidence file, volume VII, attachment 34 to the pleadings, motions and
evidence brief, folio 4533).
220
Cf. File 225-UDVSV-00, supra note 215, (evidence file, volume X, attachment 5 to the answer to the
application, folios 7262 and 7263).
221
Cf. File 225-UDVSV-00, supra note 215, (evidence file, volume X, attachment 5 to the answer to the
application, folios 7405 to 7408).
222
Cf. File 225-UDVSV-00, supra note 215, (evidence file, volume X, attachment 5 to the answer to the
application, folios 7445 to 7447).
223
Cf. File 585-UDVSV-2008 for the crime of forced disappearance of persons before the Unit for Crimes
against Life of San Vicente (evidence file, volume X, attachment 3 to the answer to the application, folio 6575).
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