23
private individuals with no connection to the State, thus were José Raúl Argueta
Rivas and Julio Ismael Ortiz Díaz found guilty.” With respect to due process, the
State indicated that “the Judicial Branch, the Office of the Attorney General of the
Republic, [and] the National Civil Police took a great number of investigative and
procedural steps, which provided not one, but several opportunities to make use of
the remedies which the State puts at the disposition of every citizen.” Regarding the
length of the investigations and judicial proceedings, the State expressed that “the
investigations involve a series of previously established procedural phases, each of
which has an appropriate time for fulfillment, which governed the State’s actions and
had optimal results.” (State’s reply brief, p. 77)
76.
In preparation for the analysis of the facts presented in the Commission’s
application with respect to the alleged violation of the rights enshrined in Articles 5,
8(1) and 25(1) of the American Convention, this Tribunal will proceed to detail the
facts related to the homicide of Ramón Mauricio García Prieto and some of the
investigative actions taken by police and judicial authorities which occurred prior to
the State’s recognition of the Court’s contentious jurisdiction. These facts will only be
considered as antecedents, and therefore, no legal consequence will be based upon
them.
The homicide of Ramón Mauricio García Prieto and the initial
investigations
77.
The homicide of Ramón Mauricio García Prieto Giralt occurred on June 10,
1994 as he was going to the house of some relatives, accompanied by his wife
Carmen Alicia Estrada and his son of five months, Ramón Mauricio García Prieto
Estrada. Before arriving at his destination, he visited a bank where he withdrew a
sum of money. Upon arriving at his relatives’ house, he was intercepted by two
individuals carrying firearms who threatened him with death. Ramón Mauricio García
Prieto was carrying his son of five months in his arms, and managed to pass him to
his wife, while he asked the perpetrators to remain calm. One of the individuals
grabbed a leather bag that Mr. García Prieto was carrying containing thirty thousand
Colones that he had recently withdrawn from the bank, as well as a firearm.
Afterwards, one of the perpetrators shot Ramón Mauricio García Prieto, who fell to
the ground and lost consciousness. The two individuals fled in a vehicle driven by a
third individual who was waiting for them a few meters from the scene of the crime.
Mr. García Prieto was taken to the Women’s Hospital (“Hospital de la Mujer”), where
he died.37
78.
Following Ramón Mauricio García Prieto Giralt’s death, the State initiated two
criminal proceedings and a prosecutorial investigation into the matter.
a) Criminal Proceeding No. 262/94 undertaken before the Fifteenth Criminal
Court of Peace of San Salvador38
37
Cf. testimony of Carmen Estrada de García Prieto, judicial file number 262/94 (exhibits to the
application, exhibit 1, volume I, pages 11 to 13) and forensic recognition of the cadaver of Ramón
Mauricio García Prieto Giralt of June 11, 1994, judicial file number 262/94 (exhibits to the application,
exhibit 1, volume 1, pages 6 and 7).
38
This court had a series of different names during the development of the proceedings. Initially,
its name was the “Fifteenth Criminal Court of Peace of San Salvador” (“Juzgado Décimo Quinto de Paz de
San Salvador”), later the “Fifth Criminal Court” (“Juzgado Quinto de lo Penal”), and now the “Fifth Trial
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