argued that it is not feasible to establish the agents’ participation in the death of Mr. Valenzuela, since the investigation to clarify the facts is still active. It added that this event occurred when he was a fugitive from justice, therefore, according to the body of evidence, it is not possible to establish with absolute certainty the manner of his death. 135. In light of the above, it is up to the Court to determine whether the State has diligently investigated the facts related to the circumstances of Mr. Valenzuela's death, in accordance with the minimum, fundamental standards to clarify what had taken place, and the possible participation of State agents leading to the responsibility of the State. 136. In this case, on December 8, 2006, Mr. Valenzuela’s body was found in the city of Gomera de Escuintla. According to the crime scene, Mr. Valenzuela died violently from a firearm, approximately one year after his escape on October 22, 2005 (supra paras. 96 to 98). 137. The State initiated a criminal investigation to clarify the facts, and it was not until March 2, 2009, according to the State, that the owner of the motorcycle used by Mr. Valenzuela was identified. There is no other relevant information in search of information, procedures for reconstruction of events and trajectories of the shots; or interviews with possible eyewitnesses of the events. In addition, in the case regarding the death of Mr. Valenzuela, it was recorded as a criminal hypothesis, according to the visual inspection carried out by the Justice of the Peace, that two unknown persons aboard a pickup killed Mr. Valenzuela and another person known as EMF, without going into greater details. It was not until June 16, 2009, that the Attorney General and the head of the Public Prosecution were asked to determine the prosecutor's office in charge of the investigation. On December 12, 2018, the Office of the Special Prosecutor against Impunity of the Public Ministry of Guatemala reported the investigation proceedings which are still active (supra para. 103). The State has indicated that the investigation is currently ongoing, and that one of the hypotheses is a possible extrajudicial execution. 138. Similarly, in the course of the first proceedings there have been a series of shortcomings, which appear in the various actions carried out, such as in the visual inspection record of December 8, 2006, 112 prepared by the Justice of the Peace; the autopsy in which it is indicated that the corpse of an unknown 26-year-old person had a "completely shattered skull with an exposed brain mass caused by a heavy-caliber firearm, shattered little finger of the left hand,"113 whose cause of death was “1) CEREBRAL LACERATION[,] 2) MULTIFRAGMENTARY SKULL FRACTURE […]”. 114 Subsequently, Mr. Saulo Daniel Ruíz115 recognized the body and indicated that it belonged to Mr. Valenzuela, as stated in the JPM Investigator's report. It was also recognized by Mrs. Florinda López de López, who also confirmed that this body belonged to Mr. Valenzuela. 116 In addition to this, on December 26, 2006, a fingerprint study was carried out, which resulted in the identification of Mr. The police record of December 8, 2006, shows that the unidentified body was found in the city of Gomera de Escuintla at 6:30 p.m. Subsequently, it is established that there is no evidence whatsoever, and the transfer to the Santa Lucia Cotzumalguapa morgue and the legal autopsy are ordered (file of annexes to the brief with pleadings, motions and evidence, fs. 12192 to 12197). According to the police record and its additions by the Head of the sub-station. From the facts it can be deduced that the officer reported that two deceased males were on the main Eufracia Tambito road, with multiple gunshot wounds (file of annexes to the brief with pleadings, motions and evidence, f. 12181). Later in the additions, the description of each one of the corpses was made (file of annexes to the brief with pleadings, motions and evidence, f. 12188). 113 Ref. MTB/ch. Official letter No. 1050 – 2006 of December 8, 2016 (file of annexes to the brief with pleadings, motions and evidence, annex 40, f. 12188). 114 Autopsy No. 234/06 of December 10, 2006, supra. 115 Cf. Testimonial statement of Saulo Daniel Ruiz López, supra. 116 Cf. Testimonial statement of Florinda Ávila (Florinda López de López), given before the Municipality of Cotzumalguapa on September 2, 2009 (file of annexes to the brief with pleadings, motions and evidence, annexure 40, fs. 12209 to 12211). 112 35