24 58.18. On August 6, 1992, the Office of the Attorney General initiated an investigation regarding complaint No. 2038-92, which corresponded to the Fourth Criminal Trial Court; the latter summoned Maritza Urrutia to appear and make a statement on August 7 that year. The summons was delivered to the Office of the Attorney General and on August 6, the Attorney General delivered it to Edmundo Urrutia, father of the alleged victim. Maritza Urrutia did not present herself before the court;48 58.19. The same day, the President of the Presidential Commission for Coordinating Executive Policy in the Field of Human Rights (COPREDEH) and the Special Secretary for Political Affairs of the Presidency of the Republic went to the Guatemalan Archdiocesan Human Rights Office and requested an interview with Maritza Urrutia, in order to offer her the protection she had requested from the Attorney General. However, Maritza Urrutia refused to see them;49 58.20. Before leaving the country, Maritza Urrutia reported the facts to an official of the Guatemalan Archdiocesan Human Rights Office and to the Ombudsman, Ramiro de León Carpio, asking for confidentiality and discretion, because her life and the lives of her next of kin were in danger;50 58.21. On August 9, 1992, the President of the Republic requested the Ombudsman to collaborate by informing him about the information he had on the case. On August 13, 1992, the Ombudsman presented a report on the measures taken by his office in this case, omitting the information that Maritza Urrutia had given him confidentially. On October 6, 1992, the Ombudsman issued a resolution on this case, in which he stated that “the human rights to personal liberty, safety, integrity and freedom of movement [of Maritza Urrutia] had been violated, because she had been the victim of an enforced disappearance for eight days,” and held the Government of Guatemala responsible owing to “the lack of control over repressive groups who continue[d] to act outside the law”;51 submitted by the representatives of the victims and their next of kin in the brief of November 5, 2003, folios 276 and 277). 48 Cf. Report of the Commission for Historical Clarification, Guatemala, memoria del silencio, Tome VI, illustrative case No. 33, “Privación arbitraria de libertad y tortura de Maritza Urrutia”, pp. 245 to 250 (file of attachments to the application, attachment 2, folios 32 to 37); and report of September 22, Special Affairs Department of the Ministry of Foreign Affairs of the Guatemalan Government, presented to the Inter-American Commission on Human Rights (file of attachments to the application, attachment 11, folios 70 to 81). 49 Cf. Note of August 6, 1992, presented to the Metropolitan Archbishop, Próspero Penados del Barrio by the President of the Presidential Human Rights Committee and the Special Secretary for Political Affairs of the Presidency of the Republic of Guatemala (file of attachments to the application, attachment 7, folio 61); and communication of August 9, 1992, from the President of the Republic of Guatemala addressed to the Ombudsman regarding the case of Maritza Urrutia (file of attachments submitted by the representatives of the victims and their next of kin in the brief of November 5, 2003, folio 302); reports of September 22, 1992, from the Special Affairs Department of the Ministry of Foreign Affairs of the Government of Guatemala presented to the Inter-American Commission on Human Rights (file of attachments to the application, attachment 11, folios 70 to 81). 50 Cf. Testimony of Daniel Robert Saxon before the Court on February 20, 2003; and resolution of the Guatemalan Ombudsman of October 6, 1992, delivered in file number 168-92/P Of. 5º (file of attachments to the application, attachment 17, folios 120 to 126). 51 Cf. Communication of August 9, 1992 of the President of the Republic of Guatemala addressed to the Ombudsman regarding the case of Maritza Urrutia (file of attachments submitted by the representatives of the victims and their next of kin in the brief of November 5, 2003, folio 302); report

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