28
characterized the reopened investigation as a “re-verification”.61 On January 27,
2004, Ramón Mauricio García Prieto’s parents requested that the Office of the
Attorney General inform them of the investigative actions undertaken and the results
obtained with respect to the complaint they had filed. On April 15, 2004, acting
through IDHUCA, they again requested information from the Office of the Attorney
General about the investigative actions undertaken and the results obtained, and
further requested that they be allowed to access the case file. On May 4, 2004, Mr.
García Prieto’s parents again repeated their request.62
93.
On June 9, 2004, the Attorney General of the Republic issued public
statements allegedly announcing that “the statute of limitations on the criminal
proceedings in the case of García Prieto expired on June 10, 2004, which officially
closed the investigations.”63
94.
The last document contained in the prosecutor’s file No. 34-00-03 is dated
June of 2004, and contains the Agricultural Bank’s (“Banco Agrícola”) response to a
request for information from the Attorney General relating to an “application made to
that banking institution by General [Mauricio Ernesto] Vargas [Valdés] and Roberto
[Hernán] Puente [Rivas], an engineer,” in the year nineteen eighty eight (1988),
relating to a mortgage loan for the purchase of a house belonging to the García
Prieto family.64 In the file rendered as evidence in the present case there is no
evidence of procedural actions taken since June of 2004.
*
*
*
95.
In response to a complaint presented by Ramón Mauricio García Prieto’s
parents, on July 12, 1995, the Office of the Ombudsman for the Defense of Human
Rights began investigations into the facts surrounding Ramón Mauricio García Prieto’s
death. On October 14, 1996, the Office of the Ombudsman issued a resolution,
which included several recommendations, on the human rights violations that
occurred in relation to the investigation of the homicide.65 On November 1, 1996,
61
Cf. Prosecutorial investigation No. 34-00-03 opened by the Attorney General of the Republic of El
Salvador of June 16, 2003 (record on the preliminary objections, merits, reparations and costs, volume
III, pages 790 and 800).
62
Cf. Brief filed by José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto before
the Attorney General of the Republic of El Salvador of January 27, 2004 (record on the preliminary
objections, merits, reparations and costs, volume III, page 808); Brief filed by José Mauricio García Prieto
Hirlemann and Gloria Giralt de García Prieto before the Attorney General of the Republic of El Salvador of
April 15, 2004 (record on the preliminary objections, merits, reparations and costs, volume III, page
811); Brief filed by José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto before the
Attorney General of the Republic of El Salvador of May 4, 2004 (record on the preliminary objections,
merits, reparations and costs, volume III, page 810).
63
Cf. State’s Brief N.V. number 006/2006 of January 9, 2006 with respect to the Commission’s
Report on the Merits number 94/05 (exhibits to the application, appendix 3, volume 3, page 4258), and
Report of the Ombudsman for the Defense of Human Rights of June 22, 2005 (exhibits to the application,
exhibit 6, page 3054).
64
Cf. Response by the Agricultural Bank of June 15, 2004, file number 34-00-03 (record on the
preliminary objections, merits and reparations, volume III, page 837).
65
Cf.
Resolution of the Ombudsman for the Defense of Human Rights of October 14, 1996
(exhibits to the application, exhibit 1, volume III, pages 667 to 696). In this resolution, the Ombudsman:
a) found that Carlos Romero Alfaro had participated in the process of the investigation. This
individual was captured for his alleged participation in the homicide of Darol Francisco Velis
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