issued, indicating that “it belongs to an ‘unknown man’.86 Later, on September 18, 2007, the
Prosecutor's Office requested the death certificate be rectified since it had been possible to
identify Tirso Román Valenzuela Ávila as the deceased,87 which is why on November 16, 2007
the name of Tirso Román Valenzuela was entered on the Death Certificate.88
100. On September 28, 2009, the Municipality of Santa Lucía de Cotzumalguapa, Escuintla
informed the Prosecutor's Office that in the Municipal Cemetery there is a tiny grave with a
wooden cross, on which one can read the inscription “R.I.P. Tirso Román Valenzuela A". 89
101. On June 16, 2009, the Attorney General and the Head of the Public Prosecution sent a
note to the three prosecutors, who at that time were investigating the case of Mr. Valenzuela's
death, asking them to hold a working meeting to determine which of the three is responsible
for hearing it and for them to submit a detailed report on the case of Tirso Román Valenzuela
Ávila.90 One of these Prosecutor's responded on June 17, 2009 with all the proceedings carried
out from December 8, 2006 to the date of submission of the report. 91
102.
On December 6, 2011, the International Commission against
Impunity in Guatemala “deem[ed] appropriate that the file [investigating Mr. Valenzuela's
case] be transferred to the […] Special Prosecutor's Office against Impunity, to join it to the
rest of the cases of those who escaped from “El Infiernito” maximum security prison in
Escuintla and who were killed when they were recaptured”. 92
103. On December 12, 2018, the Special Prosecutor against Impunity reported on the
investigative procedures it was undertaking on that date
the proceedings [related to] the violent death of Mr. VALENZUELA ÁVILA, under
jurisdictional control under the First Judge of the Criminal Court of First Instance for
Drug-Trafficking and Environmental Crime […] and had recently carried out [on that
date] various investigative measures related to his extrajudicial execution, having
requested […] State agencies for testimonial statements from witnesses, relatives
and references, […] carrying out reconstructions of the facts, including ballistic
material evidence, [… and] made testimonial statements in advance of evidence”;
Death Certificate issued on June 21, 2007, by the Municipality of La Gomera, department of Escuintla (file of
annexes to the brief with pleadings, motions and evidence, annex 40, f. 12393).
87
Brief of the Prosecutor's Office of September 18, 2007, addressed to the Civil Court Judge of First Instance
of the Municipality of Santa Lucía de Cotzumalguapa requesting that the death certificate of Tirso Román Valenzuela
Ávila be rectified (file of annexes to the brief with pleadings, motions and evidence, annex 40, pages 12396 to
12400).
88
Death Certificate of Tirso Román Valenzuela Ávila dated December 12, 2006, issued by the Municipality of
La Gomera, Escuintla (file of annexes to the brief with pleadings, motions and evidence, annex 40, f. 12407).
89
Cf. Official Letter No. 452-2009 of September 28, 2009 (file of annexes to the brief with pleadings, motions
and evidence, annex 40, f. 12404).
90
Brief of the Public Ministry of Guatemala of June 16, 2009, case 674-05 SCT-MP EGDC/a.a (file of annexes
to the brief with pleadings, motions and evidence, annex 40, f. 12423).
91
Cf. Letter from the Deputy District Prosecutor of Santa Lucía de Cotzumalguapa, department of Escuintla
dated June 17, 2009 (file of annexes to the brief with pleadings, motions and evidence, annex 40, fs. 12424 to
12432).
92
Report of the International Commission against Impunity in Guatemala of December 6, 2011, 102. On
December 6, 2011, the International Commission against Impunity in Guatemala “deem[ed] opportune that the file
[investigating Mr. Valenzuela's case] be transferred to the […] Special Prosecutor's Office against Impunity, to link it
to the other cases of those who escaped from "El Infiernito" maximum security prison in Escuintla and who were
killed when they were recaptured". (file of annexes to the brief with pleadings, motions and evidence, annex 40,
pages 12479 to 12482).
86
27