24
79.
In response to the death of Ramón Mauricio García Prieto on June 10, 1994,
the Fifteenth Court of Peace initiated an investigation into the events. On August 16,
1994, José Raúl Argueta Rivas was detained as the alleged material author of the
homicide. At the time of his detention, two identification cards of the Armed Forces
were confiscated from him. These identification cards were the subject of a forensic
document analysis by the National Civil Police Laboratory for Forensic Science
Investigations (“Laboratorio de Investigación Científica del Delito”), which
determined that they were forged.
On September 12, 1994, some of the
investigators of the Division of Criminal Investigation assigned to the case signed a
document in which they indicated that a “confidential source” had indicated to them
that José Raúl Argueta Rivas should be considered a suspect in the homicide. On
November 8, 1994, Pedro Antonio Sánchez Guerrero39 was linked to the case as an
alleged material coauthor. The proceedings were brought to a full trial against both
men on March 15 1995.40
Events subsequent to the
jurisdiction on June 6, 1995
State’s
recognition
of
the
Court’s
80.
On October 7, 1996, the Fifth Criminal Court of San Salvador sentenced José
Raúl Argueta Rivas to “twenty-six years in prison for the homicide of Mr. Ramón
Mauricio García Prieto […]”. The court also ordered José Raúl Argueta Rivas “to pay
fifty thousand Colones as an indemnity for the damages and injuries sustained by the
family” of Mr. García Prieto and sentenced him to “four years in prison for the crime
of forgery […]; for a total of thirty years in prison.” In the same judgment, and in
conformity with the jury verdict of July 23, 1996, Pedro José Sánchez Guerrero was
acquitted of the crime.41
b) Criminal Proceedings 110/98 undertaken before the Third Criminal Court
of San Salvador42
Court” (“Juzgado Quinto de Instrucción”). For the purposes of the present Judgment, the Court will refer
to said court in conformity with its name at a particular stage of the proceedings.
39
Cf. Judgment of the Fifth Criminal Court of October 7, 1996, judicial file number 262/94 (exhibits
to the application, annex 1, volume III, pages 654 to 664). The judgment declared that the name of this
person is Pedro Antonio Sánchez Guerrero, who is also known as “Pedro Antonio Guerrero Sánchez”.
40
Cf. writ of the Fifth Criminal Court of Peace of June 10, 1994, judicial file No. 292/94 (exhibits to
the application, annex 1, volume II, page 3); police record of August 16, 1994, judicial file No. 262/94
(exhibits to the application, annex 1, volume 1, pages 156 and 157); forensic analysis report of the
National Civil Police Laboratory for Forensic Science Investigations of January 23, 1995, judicial file No.
262/94 (exhibits to the application, annex 1, volume II, pages 410 and 412), police record of September
12, 1994, judicial file No. 262/94 (exhibits to the application, annex 1, Volume II, page 287); writ of the
Attorney General of the Republic of El Salvador of November 8, 1994, judicial file No. 262/94 (exhibits to
the application, annex 1, volume II, pages 349 and 350); and writ of the Fifth Criminal Court of March 15,
1995, judicial file No. 262/94 (exhibits to the application, annex 1, volume II, pages 464 to 467).
41
Cf. Judgment of the Fifth Criminal Court, supra note 39; jury’s verdict of July 23, 1996, judicial
file No. 262/94 (exhibits to the application, exhibit 1, volume 3, page 633).
42
This court had a series of different names during the development of the proceedings. Initially,
its name was the “Thirteenth Court of Peace of San Salvador” (“Juzgado Décimo Tercero de Paz de San
Salvador”), later the “Third Criminal Court” (“Juzgado Tercero de lo Penal”) and now, the Third Trial
Court” (“Juzgado Tercero de Instrucción”). For the purposes of the present Judgment, the Court will refer
to said court in conformity with its name at a particular stage of the proceedings.
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