33
111. The Court observes that, in the evidence presented by the parties, the
following facts are documented in file number 110/98 with respect to the above
mentioned judicial inspection:
a)
On April 12, 1999, the prosecutor for the case submitted a written
request that the Judge of the Third Criminal Court “inspect the books
containing the arrival and departure records for the personnel of the San
Benito Battalion;” 82
b)
On April 27, 1999, the Judge of the Third Criminal Court requested
that the Minister of National Defense allow a “Judicial Official (“Colaborador
Judicial”) of the Tribunal to enter the respective Archives offices or where
they may […] access the books containing the records of arrivals and
departures of the personnel of the now extinct San Benito Battalion during the
month of June, 1994.”83 That same day, the Judge, together with the
prosecutor of the case, presented themselves at the Ministry of National
Defense “in order to inspect the archives of [that] institution.” They met with
the Chief of the Legal Department, who explained to them that “the
mentioned Book of Arrivals and Departures was not found when searched.”
When the Judge and prosecutor insisted upon reviewing the Archives Control
(“Controles de Archivos”), the Chief of the Legal Department introduced them
to the Chief of the Archives Department, who explained to them that the
archives were in “tremendous disorder” and stated that they “spent more
than a month searching for that information” without having found the
documents. He also stated that there were other documents in the offices of
the Historical Archives, located at the Naval Base;84
c)
On May 18, 1999, the Judge of the Third Criminal Court and one of the
prosecutors of the case presented themselves at the offices of the Naval
Base. However, the officials of the Historical Archive indicated to them that
the individuals who could authorize their entry were not present. Finally, the
Judge indicated in the corresponding records that “every means [had been]
attempted in order to complete the task, but it was impossible […] because
the Ministry of National Defense did not provide the necessary cooperation;”85
and
d)
On June 21, the Office of the Attorney General requested that the Judge
again order the inspection of the Historical Archive.86 On June 28, 1999, the
82
Cf. Document issued by the Public Ministry on April 12, 1999 (criminal proceedings number
110/98, exhibits to the application, exhibit 2, volume 6, page 2099).
83
Cf. Document issued by the Third Trial Court of April 27, 1999, criminal proceedings number
110/98 (exhibits to the application, exhibit 2, Volume VI, page 2129).
84
Cf. Record of Judicial Inspection of April 27, 1999 undertaken by the Third Criminal Court of San
Salvador, criminal proceedings number 110/98, (exhibits to the application, exhibit 2, volume 6, pages
2130 to 2132).
85
Cf. Inspection by the Third Trial Court of May 18, 1999 (criminal proceedings number 110/98,
exhibits to the application, exhibit 2, volume 6, pages 2216 and 2217).
86
Cf. Document issued by the Public Ministry on June 21, 1999 (criminal proceedings number
110/98, exhibits to the application, exhibit 2, volume 6, pages 2263 and 2264).
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