54. The petitioners reported that the Public Prosecutors' Office opened a file on account of Mr. Gómez's death and put public prosecutor Jaime Rosales in charge of the case.36 The State indicated that after identifying the body it had cited Gustavo Cardona García to make a statement as, according to the family, he had been the last person seen with Alejandro Yovany Gómez.37 The State maintained that Mr. Cardona did not turn up to make a statement.38 55. On March 20, 1995, the Human Rights Office of the Archdiocese of Guatemala issued a communique, denouncing the "extrajudicial execution" of Mr. Gómez.39 It stated that despite complaints filed by family members of the victim, no concrete findings had been made regarding the identity of the persons responsible.40 The Office expressed its concern at "the inefficiency and unwillingness of the competent authorities to investigate into the whereabouts of trade unionist Gómez when his disappearance had been denounced by family members."41 The Office demanded that State authorities "demonstrate the political will and desire to minimize impunity in Guatemala, by conducting the inquiries needed to determine the perpetrators of Mr. Gómez's death and to bring them before the Courts."42 56. The petitioners stated that on June 30, 1995, the Office of the Public Prosecutor had ordered two individuals to present themselves: Tea Ky Quing Seonng and Sam Young Lee43. The State indicated that those two persons "were the owners of the assembly plant (...) with whom (...), according to witnesses, [Mr. Gómez] had frequently quarreled."44 The State did not present information as to which witnesses were interviewed. 57. The petitioners said that neither Tea Ky Quing Seonng nor Sam Young Lee presented themselves and the State took no steps to locate them expeditiously.45 The State did not contest that information. 58. The State maintained that on July 7, 1995, the Department of Criminal Investigations of the National Police submitted a report to the public prosecutor at the Public Prosecutors' Office.46 The State said that the report had concluded that "there was sufficient circumstantial evidence that the Korean gentlemen had been the instigators of the death of Mr. Alejandro Yovany Gómez Virula and that Mr. Edgar Octavio Cardona had participated in the deed, since he refused to provide information regarding it."47 36 Original petition 37 State’s communication of December 11, 2006. 38 State’s communication of December 11, 2006. 39 Communique issued by the Human Rights Office of the Archdiocese of Guatemala , March 20, 1995. Annex to the initial 40 Communique issued by the Human Rights Office of the Archdiocese of Guatemala , March 20, 1995. Annex to the initial 41 Communique issued by the Human Rights Office of the Archdiocese of Guatemala , March 20, 1995. Annex to the initial 42 Communique issued by the Human Rights Office of the Archdiocese of Guatemala , March 20, 1995. Annex to the initial 43 Petitioners’ communication of March 23, 2000. 44 State’s communication of December 11, 2006. 45 Petitioners’ communication of March 23, 2000. 46 State’s communication of December 11, 2006. 47 State’s communication of December 11, 2006. petition. petition. petition. petition. 9