that, “[t]he information obtained indicates that social cleansing is something more than the
actions of a few corrupt agents. This does not mean that it has reached the category of official
policy, but due to its frequency and systematic nature, social cleansing does raise a question
of institutional responsibility”.78
D. Investigation of Mr. Valenzuela Ávila’s death
96.
On December 8, 2006, Mr. Valenzuela’s lifeless body was found, along with that of
another fugitive, in the city of Gomera, department of Escuintla. 79 On December 8, 2006, when
Mr. Valenzuela was killed, an officer from Station 31-44 of the PNC in the city of Gomera de
Escuintla, requested, through official letter 1050-06, for the Justice of the Peace to be present
at the scene of the death, to carry out the respective procedures, indicating that “today at
18:30 hrs. it was learned that […] there were two deceased males, so the agents went to the
site […] and verified the facts of the case, being two males who died of multiple gunshot
wounds of unknown caliber.”80 Later, through a further official letter, it indicated that
“according to versions of people who witnessed the event and who refused to provide their
names, they stated that the two deceased were riding [a] motorcycle […], being chased by
several armed individuals who were driving an unknown pick-up vehicle, who shot them with
high-caliber firearms, causing their death.”81
97.
The Justice of the Peace prepared the visual inspection report and in it described the
place where Mr. Valenzuela's body was found, the position of the body, its physical
characteristics, the injuries it presented, clothing and other objects on the body.82
98.
On December 8, 2006, a medical death certificate was issued without identification,
with the denomination “XX”, a male of approximately 26 years of age.”83 Subsequently, on
December 10, 2006, an autopsy was performed on the corpse of "an unidentified person "XX",
male and 26 years old," indicating that the body had "a completely shattered skull with an
exposed brain mass caused by a high-caliber firearm, little finger of the left hand shattered”
and as cause of death “1) CEREBRAL LACERATION[,] 2) MULTIFRAGMENTARY SKULL
FRACTURE […]”.84
99.
On December 26, 2006, a fingerprint study was carried out, which revealed that the
body belonged to Tirso Román Valenzuela Ávila.85 On June 21, 2007, the death certificate was
UN, Human Rights Council, Report of the Special Rapporteur, Philip Alston, on extrajudicial, summary or
arbitrary executions, Guatemala Mission from August 21 to 25, 2006, A/HRC/4/20/Add.2, February 19 of 2007,
paragraphs 19 and 21.
79
Record of Visual Inspection at the scene of the crime of December 8, 2006 (file of annexes to the brief with
pleadings, motions and evidence, annex 40, fs. 12192 to 12197), and Death Certificate of June 21, 2007, Civil
Registry of the Villa de la Gomera, of the Department of Escuintla (file of annexes to the brief with pleadings,
motions and evidence, annex 40, f. 12393).
80
Cf. Official Letter No. 1050-06 of December 8, 2006, of the PNC, Sub-Station 31-44ª, La Gomera Escuintla
(files of annexes to the brief with pleadings, motions and evidence, annex 40, f. 12181).
81
Cf. Official Letter No. 1051-06 of December 8, 2006, of the PNC, Sub-Station 31-44ª, La Gomera Escuintla
(files of annexes to the brief with pleadings, motions and evidence, annex 40, fs. 12184 to 12186).
82
Record of Visual Inspection of the crime scene of December 8, 2006, supra. According to Mr. Saulo Daniel
Ruiz López, Mr. Valenzuela's brother-in-law, he recognized the body, and they did not give it to him.
Acknowledgment certificate before the Office of the Prosecutor of Santa Lucía de Cotzumalguapa of December 9,
2006 (file of annexes to the brief with pleadings, motions and evidence, annex 40, fs. 12203 to 12205).
83
Medical Certification of Death of December 8, 2006 (file of annexes to the brief with pleadings, motions and
evidence, annex 40, f. 12264).
84
Autopsy No. 234/06 of December 10, 2006 (file of annexes to the brief with pleadings, motions and
evidence, annex 40, f. 12259).
85
Cf. Fingerprint expert opinion of December 26, 2006 (file of annexes to the brief with pleadings, motions
and evidence, annex 40, fs. 12288 to 12292).
78
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