48.
The Guatemalan State did not contest the complaints filed by family members directly with
the National Police on March 14 and 18, 1995. Moreover, as indicated earlier, top State authorities -- the
Ministry of the Interior -- received several communications from the Trade Union regarding what had
happened.
49.
From the above, the Commission considers it established that the State had knowledge of Mr.
Gómez Virula’s disappearance from the day after it happened and before his body was found. The petitioners
pointed out that, as indicated by the police itself, no actions were taken to look for Mr. Gómez between the
first complaint and the finding of the body. For its part, the State did not report any search efforts prior to the
finding of the body. Nor do any indications of a search emerge from the available information. The existence
of complaints filed prior to the finding of the body and the lack of attempts to ascertain Mr. Gómez's
whereabouts were also referred to in public communiques issued by the Human Rights Office of the
Archdiocese of Guatemala.26
D.
Regarding the finding of Mr. Gómez's body on March 19, 1995.
50.
On March 19, 1995, Mr. Gómez's body was found in a gully in Zone 18 of Guatemala City,27
with his head submerged in a river of raw sewage.28 The petitioners said that when Mr. G's body was found,
his I.D. was there as well as objects of value,29 but what was not found with his body was the list of the
members of the Trade Union that they said Mr. Gómez had had with him the day of his disappearance.30
51.
The petitioners stated that immediately after locating Mr. Gómez's body, his family asked for
a copy of the forensic report,31 a request that was denied by the dead of the government department
concerned. All they were given were a few details over the phone.32 The petitioners pointed out that later on
they were able to obtain a copy of the report.33 The IACHR does not have a copy of that report.
52.
Nevertheless, the petitioners said that the forensic report indicates that Mr. Gómez had i)
fourth degree brain and chest trauma; ii) cerebral hemorrhage (hemorragia cerebral y cerebrosa); iii) a
fractured skull; iv) pulmonary contusion; and v) other injuries.34 They said that the report concluded that he
had died from fourth degree cerebral and chest trauma.35 The State did not contest that information.
53.
The information available indicates that Mr. Gómez's body was found by chance, not as a
result of any search efforts by the State.
E.
Regarding the investigations into the death of Mr. Gómez
26
Communique issued by the Human Rights Office of the Archdiocese of Guatemala , March 20, 1995. Annex to the initial
27
Communique issued by the Human Rights Office of the Archdiocese of Guatemala. Annex 1 to the initial petition.
28
Communique issued by the Human Rights Office of the Archdiocese of Guatemala. Annex 1 to the initial petition.
29
Petitioners’ communication of November 24, 2003.
30
Original petition
31
Petitioners’ communication of November 24, 2003.
32
Petitioners’ communication of November 24, 2003. Original petition
33
Petitioners’ communication of November 24, 2003.
34
Petitioners’ communication of November 24, 2003.
35
Petitioners’ communication of November 24, 2003.
petition.
8