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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