14
Jacinto Felipe, killing her and then fired indiscriminately.46 The people began to run,47
and several persons fell because of the impact of the bullets while they were fleeing48
and, according to the denunciation, three were shot when they were stretched out
and dying on the ground.49 Judicial authorities considered proven that, after those
shots, when the soldiers were leaving they ran into the boy Santiago Coc, whom they
fatally shot.50
e. The CEH maintained that there is no evidence that the inhabitants were carrying
firearms nor any testimony that shows physical aggression against the soldiers, who
were mostly surrounded by women and children. Eight adults and two boys and a girl
of the Community, who are the alleged victims in this case, were killed during this
incident and another 29, also alleged victims, were wounded. 51
f. The injured were given first aid by personnel of Doctors of the World, a nongovernmental organization that had a presence in the Community and who also
informed MINUGUA of the incident.52
D. Regarding the actions taken
38.
The day after the incident, the President of the Republic visited the Community
and “publicly recognized institutional responsibility for the incident” and ordered the
creation of a “High-Level Research Commission” and an exhaustive investigation.53 He
also relieved the Commander of Military Zone No. 21, with headquarters in Cobán, and
accepted the resignation of the Minister of National Defense.54 Moreover, criminal
proceedings were initiated,55 which can be described as follows.56
Statement of A, supra; Statement of Tomás Grave Morente before the Guatemalan judiciary, supra.
Testimony of Efraín Grave Lorente before the Guatemalan judiciary, supra, in which he indicates that he
tried to leave, but could not because everyone was running rapidly and that, when he was able to leave, he
received a gunshot in the stomach. Tomás Grave Llorente said much the same in his statement before the
Guatemalan judiciary (evidence file, annexes to the final written arguments of the State, fs. 5522 to 5528),
as he did in his testimony before the Inter-American Court, supra.
48
Statement of A, supra; Statement of Tomás Grave Lorente before the Guatemalan judiciary, supra.
49
Cf. Statement of A, supra.
50
Cf. Judgment of July 8, 2004, supra. Regarding the last name of the boy, it is listed as “Coc” in the annex
to the Report on the Merits; as “Coc Pop” in paragraph 54 of the Merits Report; as “Coc Tut” in the brief with
pleadings and motions; as “Pop Tut” in the communication of the State to the Commission of May 24, 1996
(cf. Evidence file, annex 13 to the Merits Report, fl. 209); as “Tut” in the autopsy report of the Forensic
Medicine Department of Guatemala of October 10, 1995 (evidence file, proceedings before the Commission,
fs. 1754 to 2877) and as “Pop Tut […] or Tut” in the judgment of July 8, 2004. The Court shall refer to this
person as “Santiago Coc” in the understanding that his last name could be different.
51
The deceased and wounded were identified, according to the Commission and the parties, and their names
can be found in annexes B(2), B(3) and B(4) of this judgment, which form part of it.
52
Cf. Communication of the petitioners to the Commission of September 30, 1996 (evidence file, proceedings
before the Commission, fs. 2212 to 2214). Efraín Grave Morente, in his statement before the Inter-American
Court, supra, noted that after he was shot he was taken to a clinic of the Doctors of the World, an organization
that was there at the time of the incident. Tomás Grave Morente, in his testimony before the Court, supra,
stated that MINUGUA took some of the wounded to the Hospital San Juan de Dios in Guatemala City, while
the other wounded, including the declarant, were cared for in the Community by Doctors of the World.
Natividad Sales Calmo testified, in the public hearing of February 9, 2018, that her son was attended to by
Doctors of the World, who were in the Community.
53
Observations of the State to the initial petition, presented to the Commission on December 8, 1995 (evidence
file, annex 8 to the Merits Report, fs. 86 to 91).
54
Cf. Observations of the State to the initial petition presented to the Commission on December 8, 1995,
supra.
55
Note is made that, at its first presentation before the Commission, the State informed that the Office of the
Prosecutor General of the Republic had named a Special Prosecutor for the case (cf. Observations of the State
to the initial petition, presented to the Commission on December 8, 1995, supra).
56
The civil actions will be referred to subsequently (infra footnote 223).
46
47