44
investigation was an adequate and effective means of protecting the rights
recognized in the Convention.
150. Based on the evidence presented, this Tribunal has determined that the State
carried out two investigations into the threats and harassment of which members of
the García Prieto Giralt family were victim. The first occurred as part of the criminal
proceedings under file number 110/98. This investigation was closed on August 15,
2000 by the Third Criminal Court (supra para. 132). The second investigation was
part of the prosecutor’s file number 4799-UDV-2001.
151. In the prosecutor’s investigation under file number 4799-UDV-2001, the
Court observes that, although the authorities ordered the verification of the vehicular
records corresponding to the license plates of the vehicles reported to have followed
José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto, in some
cases the owners of the vehicles were not interviewed. Moreover, in the daily
incident reports of the agents of the Protection of Important Individuals Unit, several
events of intimidation and harassment against some members of the García Prieto
family were recorded (infra note 102).
The case file reveals that the state
authorities have not exhausted the investigation into the events reported.
152. Given the evidence submitted in the present case, the Court observes that
the origin or authorship of the threats and harassment perpetrated against some
members of the García Prieto Giralt family has not been determined in the domestic
forum, despite the fact that this situation has existed for more than nine years
(supra para. 135).
153. This Tribunal finds that when a pattern of these types of acts exists, the
State’s investigation of such acts must make use of all the technical means
appropriate through its institutions, in order to obtain the effective protection of
personal integrity through an exhaustive, diligent, and effective investigation. The
foregoing entails the use of technical means such as studies and analyses of risk
factors for the individuals that suffer from these acts, the use of caller identification
devices, interviews, and the use of interrogation along logical lines of investigation.
154. In light of the foregoing, the Court must examine both the gravity of the
events investigated by the State authorities and the investigative activity undertaken
by these authorities in order to determine the truth of the events. This analysis
must take into account the fact that the duty to investigate is an obligation of
means, not results.
155. The Tribunal notes that the majority of the events occurred starting from
1997. Nonetheless, as is verified in the prosecutorial investigation, some of the steps
taken to clarify them were undertaken long after the events took place, such as the
statements taken form the agents who provided security to some of the García Prieto
family members.102 On the other hand, with respect to the investigation into the
102
For example, security agents were called to testify before the National Civil Police some time
after the threats and harassment detailed in their daily incident reports occurred. See, among others, the
statements of Mario Molina Morales of January 22, 2002, prosecutor’s file No. 4799-UDV-2001 (exhibits to
the brief containing pleadings and motions, exhibit 16, Volume 5, page 6078 to 6081); Luis Ernesto García
of 22 of January of 2002, prosecutor’s file No. 4799-UDV-2001 (exhibits to the brief containing pleadings
and motions, exhibit 16, Volume 5, page 6090 to 6092); José Ulises Alemán of 22 of January of 2002
prosecutor’s file No. 4799-UDV-2001 (exhibits to the brief containing pleadings and motions, exhibit 16,
Volume 5, page 6093 to 6096); Julio Alberto Barrientos of 24 of January of 2002 (prosecutor’s file No.
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