13
59.
On October 16, 2000, the Magistrate’s Court of Tonacatepeque granted Francisco
Amaya Villalta a plea bargain for a period of two months in order for him to provide all the information
he had with regard to the kidnapping of Mr. Rodríguez Marroquín.25 The case file contains his sworn
statement in which the names of the individuals implicated in the kidnapping of Mr. Rodríguez
Marroquín are mentioned again (see supra para. 54) and adding that one of them was known by his
nickname Chopo, “whose real name is José Agapito Ruano Torres.”26 Francisco Amaya Villalta, as he did
in his extra-judicial confession, pointed out that Chopo was 1.55 meters tall.27 However, unlike what he
had said in his extra-judicial confession, he gave the same home address for José Agapito Ruano
Torres.28 With regard to the sworn statement made by Francisco Amaya Villalta, the police agent in
charge of the investigation of the kidnapping of Mr. Rodríguez Marroquín stated that Francisco Amaya
Villalta “had entered into negotiations with the prosecutor” since he was the one who “made the
connections.”29
60.
On the same day, the Office of the Attorney General of the Republic ordered the
administrative arrest of the alleged suspects in the kidnapping of Mr. Rodríguez Marroquín, to wit: José
Agapito Ruano Torres, José León Pérez Alvarado, José Orellana, José Dolores Ruano, Francisco Mejía,
Samuel Hernández Ramírez, Ricardo Antonio Figueroa, Toribio Chiquillo Rodríguez, Joaquín Rodríguez,
Miguel Ángel Guzmán and Edenilson Montenegro.30 In addition, the Magistrate’s Court in Guapaza
authorized the execution of a search and seizure warrant at the home of José Agapito Ruano Torres for
the purpose of verifying whether there were any “cellular phones, money, weapons, or other personal
objects connected to the kidnapping of Mr. Rodriguez Marroquín.”31 With regard to the manner in
which information was obtained in order to effect the arrest of the suspects, information in the case file
indicates that the police agent in charge of the investigation of the kidnapping of Mr. Rodríguez
Marroquín stated that “I only gathered the evidence and brought it to the prosecutor and he
determined what evidence he was going to use in order to proceed with the arrests.”32
61.
In the early hours of October 17, 2000, a police operation designated “Operativo Guaza”
was carried out in which various police agents teamed up in groups and proceeded with the
simultaneous arrest of the suspects in the kidnapping of Mr. Rodriguez Marroquín. 33 According to the
written communication of the Criminal Investigation Division of the National Civil Police, approximately
9 agents went to the residence of Mr. Ruano Torres and forced the door open “because the persons in
25
Annex 1. Brief of the Magistrate’s Court in and for Tonacatepeque dated October 16, 2000, page 160, criminal case file 77-2001-2.
26
Annex 1. Brief of the Magistrate’s Court in and for Tonacatepeque dated October 16, 2000, page 165, criminal case file 77-2001-2.
27
Annex 1. Brief of the Magistrate’s Court in and for Tonacatepeque dated October 16, 2000, page 165, criminal case file 77-2001-2.
28
Annex 1. Brief of the Magistrate’s Court in and for Tonacatepeque dated October 16, 2000, page 165, criminal case file 77-2001-2.
29
Annex 2 Statement of Sergeant José Oliverio Hernández Meléndez, National Civil Police investigator and person in charge of the
case of the kidnapping of Mr. Marroquín. Audio of pre-trial hearing on compact disc No. 2.
30
Annex 1. Brief of the Office of the Attorney General of the Republic – Special Crimes Unit dated October 16, 2000, page 171,
criminal case file 77-2001-2.
31
Annex 1. Written communication No. 446 of the Justice of the Peace of Guazapa dated October 16, 2000, page 180, criminal case
file 77-2001-2.
32
Annex 2 Statement of Sergeant José Oliverio Hernández Meléndez, National Civil Police investigator and person in charge of the
case of the kidnapping of Mr. Marroquín. Audio of pre-trial hearing on compact disc No. 3.
33
Annex 2. Statements of police agents Baltasar Echevarria González, Saúl Alemán Cervantes and José Francisco Guzmán Zavala.
Audio of pre-trial hearing on compact discs No. 5 and No. 6.