framework of this plan they had been given the direct order that “those who were charged
with serious crimes no longer had to return to prison” (supra para. 92). In the same vein,
other officers who were part of “Operation Gavilán” reaffirmed this assertion. 131
169. As seen from the judgment of August 8, 2013, of the First Court of Criminal Sentencing,
Drug Activity and Crimes against the Environment of Guatemala, the domestic judicial body
concluded that in parallel to the recapture of the escaped prisoners under "Operation Gavilán",
a plan was created whose objective was to extrajudicially execute the fugitives once they were
captured. This fact in the aforementioned judgment was outlined in the following terms:
[…] VÍCTOR HUGO SOTO DIÉGUEZ, in his capacity as a public official as Commissioner of the
National Civil Police, in Guatemala City in October 2005, formed a special team made up of
members of different Nacional Civil Police units, for the recapture of the 19 escaped prisoners […]
parallel to said plan, it was determined that once the fugitives had been captured they should be
extrajudicially executed […].132
170. In addition, the Court notes that on August 8, 2013, the First Court of Higher Risk B
issued a conviction against Víctor Manuel Ramos Molina and Axel Arnold Martínez Arreaza for
the extrajudicial execution of ESR, one of the people who escaped from “El Infernito”. In
addition, it sentenced Víctor Hugo Soto Diéguez, who was the former head of Criminal
Investigation of the National Civil Police, to 33 years in prison for the crime of extrajudicial
execution of prisoners from the Pavón Penal Farm and from "El Infiernito" maximum security
prison that occurred between 2005 and 2006. In this regard, the International Commission
against Impunity in Guatemala in relation to said sentence, indicated that "the interference of
the authorities in the actions carried out for the extrajudicial execution of the fugitives was
evident” and added that “the investigations determined that a parallel structure was created
within the State that had the power to extrajudicially execute whom they considered
‘degenerates’ and enemies of society” (supra para. 94).
171. The Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, on the
occasion of his visit to Guatemala, reported the existence of groups dedicated to social
cleansing in the PNC (supra para. 95).
172. Furthermore, this Court makes note of the fact that after the events surrounding the
death of Mr. Valenzuela, the investigation protocols that were necessary to collect all the
evidence that would have allowed the crime scene to be clarified were not used, as they are
unrepeatable elements that can only be obtained ipso facto. Therefore, they had to be
processed with the greatest possible care, applying all the basic protocols in force at the time
of the events, even more so when this series of elements could contribute to the investigation
of an extrajudicial execution.
173. The Court notes that the body of Mr. Valenzuela had wounds caused by gunshots, and
according to the autopsy of December 10, 2006, his body was not identified. His skull was
completely destroyed, and the cause of death was cerebral laceration and multi-fragmentary
fracture of the skull, without other details, as can be seen from the concluding note, which
indicates that no samples or evidence were attached. Similarly, the ballistics report of
November 19, 2009, prepared by the Crime Laboratory Unit of the National Institute of
Forensic Sciences, stated in general terms that the two people were killed “by gunshots when
131
Testimonial statements of: PMV given before the Special Prosecutor Against Impunity on January 23, 2019, supra;
SPG rendered before the Special Prosecutor Against Impunity on November 23, 2018, supra; JTS before the courtroom
of the First High-Risk Criminal Court of First Instance “A”, of the Municipality and Department of Guatemala in the
first statement hearing of November 13, 2018, supra.
132
Judgment of the First Court of Criminal Sentencing, Drug Activity and Environmental Crime of Guatemala of August
8, 2013, supra.
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