89. On October 22, 2005, during the early hours of the morning, 19 inmates classified as highly dangerous escaped from “El Infiernito” maximum security prison, through a tunnel 120 meters long,65 Tirso Román Valenzuela Avila was among them. Faced with this event, the Criminal Intelligence Service of the National Civil Police issued Action Plan No. 002-2005 that establishes "Operation Gavilán" or " Plan Gavilán", whose main objective was the search and capture of the 19 escaped inmates described as "dangerous criminals", for the purposes of "protecting life, the physical integrity of people and their property, the free exercise of rights and freedoms, as well as preventing, investigating and combating crime while preserving order and public safety”.66 90. The “Gavilán Plan” was formally established on October 24, 2005 and signed by Víctor Hugo Soto Diéguez, head of the PNC Criminal Investigation Service.67 This operation would be effective from 07:30 hours on Saturday, October 22, 2005 until further notice. 68 The general framework of action of the "Gavilán Plan" had to be adapted to the provisions of the Political Constitution of the Republic of Guatemala, the National Civil Police Law Decree No. 11-97, article 112 of the Criminal Procedure Code (Decree No. 51 -92) of the Republic of Guatemala (hereinafter Criminal Procedure Code), Articles 1 and 4 of the Criminal Code, Decree No. 1773, the Arms and Ammunition Law, Decree 38-89, international human rights treaties and other current legislation of the Republic of Guatemala.69 91. The general command of the “Gavilán Plan” was the responsibility of the Head of the Criminal Investigation Service. The Head of the Courts Auxiliary Section was in charge of supervising and monitoring the operational lines of action, which consisted of “coordination with police authorities of Central American countries through INTERPOL, for the implementation of border area security measures.” The Administrative Chief of the Criminal Investigation Service was in charge of supervising and monitoring the investigative lines of action, which consisted of gathering information on the fugitives, conducting raids, and organizing eight nationwide search teams, each of them being in charge of searching for and capturing specific inmates. Each team was made up of 4 investigators from the Criminal Investigation Service and the Police Information Service.70 92. In the oral hearing of early evidence offered before the First Court of First Instance for Criminal Justice, Drug-Trafficking and Environmental Crime on February 15, 2012 in case C01076-2010-004, Ms. MFF, who was part of the "Plan Gavilán", stated regarding the orders given to the officials in charge of the search and capture of the escaped inmates, that "the guidelines were direct, that those who were charged with serious crimes no longer had to return to prison."71 Along the same lines, other officers who were part of “Operation Gavilán” reaffirmed this assertion.72 On the occasion of the investigation of the extrajudicial execution Cf. Report of the State to the Commission of November 8, 2005 (file of proceedings before the Commission, annex 5, fs. 2965 to 2966). 66 Internal Action Plan No. 002-2005 “Operation Gavilán” (file of annexes to the brief with pleadings, motions and evidence, annex 47, fs. 12741 to 12745). 67 Cf. Internal Action Plan No. 002-2005 “Operation Gavilán”, supra. 68 Cf. Internal Action Plan No. 002-2005 “Operation Gavilán”, supra. 69 Cf. Internal Action Plan No. 002-2005 “Operation Gavilán”, supra. It is worth mentioning that the aforementioned regulations do not refer in detail to the regulation of police operations such as the “Operation Gavilán”, they simply state general principles of the organization of the PNC. 70 Cf. Internal Action Plan No. 002-2005 “Operation Gavilán”, supra. 71 Cf. Statement of Ms. MFF as advance evidence, offered at an oral hearing before the Court of First Instance for Criminal, Drug-Trafficking and Environmental Crime of Guatemala City on February 15, 2012, First High-Risk Court of 18 May 2012, Case C-01076-2010-004 (file of annexes to the brief with pleadings, motions and evidence, annex 38). 72 Testimonial statements of: PMV rendered before the Special Prosecutor Against Impunity on January 23, 2019 (supervening evidence file of the representatives, annex 3, fs. 13616 to 13618); SPG rendered before the Special Prosecutor Against Impunity on November 23, 2018 (supervening evidence file of the representatives, annex 65 24