42
so would be totally exhausting. We [mention] the most important, those which are the
most important, which demonstrate the truth that these threats exist, grave threats
exist and they have not been investigated […].
140. Likewise, it has been proven that agents of the National Civil Police have
reported and testified about the occurrence of such threats and harassment,
including pursuits by unknown vehicles and other acts of intimidation. These reports
are contained in the daily incident reports of the agents of the Protection of
Important Individuals Unit (“Unidad de Protección a Personalidades Importantes”) of
the National Civil Police, who were assigned to protect the García Prieto Giralt
family.98 On this point, Alina Isabel Arce, in her statement before a notary public
(supra para. 16(f)) stated that “in the period in which I provided protection to Mr.
and Ms. García Prieto Giralt, events occurred which threatened and jeopardized their
safety and physical integrity.” She also stated that she was obligated to provide
reports of daily incidents to her superiors.99
141. Additionally, judicial officials have confirmed the events related to the threats
and harassment. In this regard, witness Fredy Ramos, (supra para. 17(c)) then
prosecutor in the criminal proceedings designed to investigate the death of Ramón
Mauricio García Prieto, testified before the Court that, based on the testimony of the
parents of Mr. García Prieto, the existence of the threats was established. Likewise,
witness Pedro José Cruz, (supra para. 17(b)) who worked on the case as assistant
prosecutor in the Special Crimes Unit (“Unidad de Delitos Especiales”) of the Office of
the Attorney General of the Republic in 1997, testified before the Court that:
[…] what we were able to establish [was] the existence of the threats and incidents in
which the family was followed, by means of appropriate evidence, and statements not
only of the victims, but also of other individuals, of employees or of individuals that
knew of the threats that had also received calls or had seen unknown individuals lurking
or pursuing the family of the victim.
142. In this respect, it is important to note that on December 10, 1998, the Chief
of the Division for the Protection of Important People informed the judge of the Third
Criminal Court that “an evaluation undertaken by the Division in June [1998] with
respect to the safety concerns of the [García Prieto Giralt] family, concluded that the
level of risk was imminent, based on information provided by the protection team,
given that it had been deduced that they had been followed and were subjected to
surveillance, provocation, harassment, and threatening telephone calls.”100 However,
it was not until August 15, 2000, in an order by the Third Criminal Court, that “the
98
Cf. Communications directed to the Section Chief of the Division for Important People of the
National Civil Police by agents charged with the security and protection of Gloria Giralt de García Prieto,
and José Mauricio García Prieto Hirlemann, prosecutor’s file number 4799-UDV-2001, (exhibits to the brief
containing pleadings and motions, exhibit 16, volumes 4, 5, and 7, pages 5948, 5950, 6116, and 6129).
99
Cf. In her testimony, Ms. Arce stated that she had been an operative agent of the Division for
the Protection of Important People of the National Civil Police, Judges and Witnesses section. From April 1
to June 8, 1998, she was assigned to protect Gloria Giralt de García Prieto, prosecutor’s file number 4799UDV-2001 (Merits file, volume 3, pages 643 to 647).
100
Cf. Communication of December 10, 1998 from the Division for the Protection of Important
People of the National Civil Police, judicial file number 110/98, exhibits to the application, exhibit 2,
volume 4, page 1654).
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