45
telephone numbers from which phone calls to the García Prieto house originated,
inadequate investigative steps were taken to clarify their character.103
156. Likewise, this Court observes that the State never investigated the events
which occurred at “El Cuco” beach on August 4, 1998 even though State agents were
eyewitnesses. Although witness Fredy Ramos testified in the public hearing that an
investigation had been developed with respect to these events, the State never
presented evidence which demonstrated the investigative actions taken (supra para.
17(c) and 20).
157. Finally, it should be mentioned that the record does not include a report or
final conclusion by the prosecutor about the state of the investigation which could
justify its closure or suspension. The last action documented in the file was
undertaken in the month of June of 2002, which indicates that more than 64 months
have passed since that date without any action being taken.
158. This Court finds that a lack of diligence by the police and prosecutorial
authorities existed in the conduct of the investigations. This lack of diligence has
impeded the determination of the facts and the identification, trial, and possible
punishment of the perpetrators responsible for the threats and harassment directed
at some members of the García Prieto Giralt family. Moreover, the lack of an
adequate and serious investigation has permitted that such events continue to the
present.
159. In the present case, it has been proven that José Mauricio García Prieto
Hirlemann and Gloria Giralt de García Prieto have lived for years, and continue living,
with feelings of insecurity, anguish, and powerless due to the lack of an investigation
of the events perpetrated against them. The failure to investigate the threats and
harassment has affected the personal integrity of Ramón Mauricio García Prieto’s
parents. That is to say, in the case sub judice, the Court finds that the investigation
into the abovementioned events was not effectively and completely carried out in
such a way as to make it possible to guarantee the right recognized in Article 5(1) of
the Convention, in relation with Article 1(1) of the Convention, to the detriment of
José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto.
4799-UDV-2001, exhibits to the brief containing pleadings and motions, exhibit 16, volume 5, page 6112
to 6115); Porfirio of Jesús Mejía of 24 of January of 2002, prosecutor’s file No. 4799-UDV-2001,
prosecutor’s file No. 4799-UDV-2001 (exhibits to the brief containing pleadings and motions, exhibit 16,
Volume 5, page 6118 to 6121); Magdalena Guadalupe Linares of 28 of January of 2002, prosecutor’s file
No. 4799-UDV-2001 (exhibits to the brief containing pleadings and motions, exhibit 16, Volume 5, page
6122 and 6123); and José Claribel Medina of 29 of January of 2002 prosecutor’s file No. 4799-UDV-2001
(exhibits to the brief containing pleadings and motions, exhibit 16, Volume 5, page 6124).
103
Cf. Memorandum of May 28, 2001 to René Eduardo Domínguez Calderón, Subdirector General of
the National Civil Police, directed to Commissioner Nelson Edgardo Campos Escalante, Chief of the
Subcentral Regional Division, prosecutor’s file No. 4799-UDV-2001 (exhibits to the brief containing
pleadings and motions, exhibit 16, Volume 2, page 5381); Memorandum No. DRP/663/2001 from the
Coordinator of the Subcentral Regional Division of May 31, 2001, prosecutor’s file No. 4799-UDV-2001
(exhibits to the brief containing pleadings and motions, exhibit 16, Volume 2, page 5388); Communication
from the Chief of Commercial Accounts of Telecom dated May 30, 2001, prosecutor’s file No. 4799-UDV2001 (exhibits to the brief containing pleadings and motions, exhibit 16, Volume 9, page 6788); Client call
record for Tank Service S.T.O. of C.V., prosecutor’s file No. 4799-UDV-2001 (exhibits to the brief
containing pleadings and motions, exhibit 16, Volume 9, page 6850); and Letter from Jorge Orlando
Cortez Díaz, esq., dated December 17, 2001, to the case prosecutor for the Division Chief of Metropolitan
Regional Investigations for the National Civil Police, prosecutor’s file No. 4799-UDV-2001 (exhibits to the
brief containing pleadings and motions, exhibit 16, Volume 1, page 5169 and 5171).
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