REPORT Nº 27/99 CASE 11.697 RAMÓN MAURICIO GARCÍA-PRIETO GIRALT EL SALVADOR March 9, 1999 I. SUMMARY 1. On 22 October 1996, the Inter-American Commission on Human Rights (hereinafter "the Commission" or "the IACHR") received a communication from the Center for Justice and International Law (CEJIL) (hereinafter "the petitioners") reporting the arbitrary execution of Mr. Ramón Mauricio García-Prieto Giralt (hereinafter also referred to as "the victim") in the city of San Salvador on 10 June 1994. According to the petitioners, the crime was committed by three armed men suspected of having ties to the Salvadorian armed forces. The complaint also described threats and intimidation suffered by the victim’s parents, wife, and lawyers. 2. The petitioners allege that, with this incident, the Republic of El Salvador (hereinafter "El Salvador," "the Salvadorian State," or "the State") has violated the following rights enshrined in the American Convention on Human Rights (hereinafter "the Convention"): the right to life (Article 4), the right to humane treatment (Article 5), the right to personal liberty and security (Article 7(1), the right to judicial protection (Article 25), and the right to a fair trial (Article 8), all in conjunction with Article 1(1) of the same instrument, which establishes the obligation of ensuring and respecting the rights enshrined therein. As regards admissibility, the petitioners claim their complaint is admissible under the exceptions provided for in Article 46 of the Convention, in that the judicial remedies have been neither effective nor adequate in protecting the violated rights and in that there have been delays in the investigation. 3. The State alleges, inter alia, that the murder of Ramón Mauricio García-Prieto was the work of common criminals, that the alleged incidents are in no way related, and that they are not connected to Ramón Mauricio’s killing. The State has made no objection asserting the nonexhaustion of domestic remedies; instead, it maintains that the procedural steps required by law were followed, that one of the guilty was sentenced to 30 years in prison, and that another of the suspects was recently arrested and placed in preventive custody. As regards the precautionary measures requested by the Commission, it claims to have complied with them. 4. In this report, the Commission resolves to declare the petition admissible pursuant to the terms of Article 46 of the Convention. II. PROCEEDINGS BEFORE THE COMMISSION 5. On 22 October 1996, the Commission received the corresponding complaint; in this, in addition to describing the incidents believed to constitute violations of the Convention, the petitioners requested, inter alia, the adoption of precautionary measures. On 7 November of that year, the complaint was transmitted to the State and the State was asked to provide information relating to the petitioners’ allegations. The State replied on 5 March 1997. On 29 May 1997, 1 the petitioners submitted their comments on the State’s reply and repeated their request for precautionary measures made along with the complaint. 6. On 17 June 1997, in accordance with Article 29 of its Regulations, the Commission asked the Salvadorian State to adopt the precautionary measures necessary to protect the life, liberty, and person of Messrs. Mauricio García-Prieto Hillerman, Gloria Giralt de García-Prieto, and Carmen de García-Prieto, and of the lawyers and witnesses related to the investigation and trial of Ramón Mauricio García-Prieto Giralt’s murderers. 7. On 4 September 1997, the State reported on the precautionary measures adopted in response to the Commission’s request. 2 1 See page 359. 2 See page 480 1