the guerrilla.53 Some of the survivors returned to the village 11 months after the events,
accompanied by the army, which abandoned the village when another 10 families arrived.54
C.
Domestic proceedings based on the events of April 29 and 30, 1982
42. On January 16, 1996, the Asociación de Familiares Detenidos-Desaparecidos de Guatemala
(FAMDEGUA) appeared before the Trial Court of the department of Petén and denounced the events,
indicating where the corpses of some of the victims were buried. 55 It requested, as evidence
submitted in advance, the excavation of the mass grave and the exhumation of the buried corpses;
to this end, it proposed the participation of the Guatemalan Forensic Anthropology Foundation
(hereinafter “the Foundation” or “the FAFG”).56 The FAFG performed this procedure on March 15 and
24, 1996, and recovered 19 skeletal remains.57
43. On March 27, 1996, the trial judge of the department of Petén determined that, from the
procedures conducted it was clear that a crime had been committed, and decided to forward the case
file to the Public Prosecution Service.58 On April 18, 1996, the prosecutor ordered the opening of the
corresponding criminal prosecution, deciding that the necessary procedures should be conducted to
clarify the facts.59
44. On July 24 that year, the FAFG submitted its forensic report of March 25, 1996, to the
Prosecution Service indicating that it had not been possible to identify the 19 skeletal remains that
had been recovered: 4 corresponding to females, 4 to males and 11 of indeterminate sex owing to
the state of erosion of the osseous remains.60 In addition, 5 of the remains corresponded to children
aged from one month to 11 years; one set of remains corresponded to an adolescent of 12 to 18
years of age, while 12 sets of remains corresponded to adults. 61 The FAFG also reported that it had
recovered 27 bullet fragments62 and determined that the manner of death of these persons was
“violent, legally defined as homicide in all cases.”63 On July 28 and 29, 1996, the exhumed remains
were exhibited publicly to allow family members to identify them and so that a wake could be held. 64
Subsequently, the remains were sent to Guatemala City for the corresponding laboratory analyses. 65
Cf. Testimony of Eleodora Grijalva Solís de López, January 1996 (evidence file, folio 1783); Notarized statement of
Antonio Ajanel Ortiz of January 22, 2021 (evidence file, folio 23893); Notarized statement of Sotero Chávez of January 22,
2021 (evidence file, folio 23906), and Notarized statement of Edgar Fernando Pérez Archila of February 10, 2021 (evidence
file, folio 23926).
53
54
Cf. Testimony of Francisco Gámez Ávila, January 1996 (evidence file, folio 16).
Cf. COPREDEH, Report of the Guatemalan Government in relation to IACHR Case p-1139-04 Massacre in the village
of Los Josefinos, of March 15, 2005 (evidence file, folio 1787).
55
56
Cf. Investigation file, criminal case No. C-805-1996 (evidence file, folio 33).
Cf. Investigation file, criminal case No. C-805-1996 (evidence file, folios 50 to 56), and Communication of forensic
anthropologist F.R. of March 25, 1996 (evidence file, folio 60).
57
58
Cf. Departmental trial judge, Decision of March 27, 1996 (evidence file, folio 58).
59
Cf. District Prosecutor of the Public Prosecution Service, Decision of April 18, 1996 (evidence file, folio 78).
60
Cf. Guatemalan Forensic Anthropology Foundation, Report dated March 25, 1996 (evidence file, folio 1322).
61
Cf. Guatemalan Forensic Anthropology Foundation, Report dated March 25, 1996 (evidence file, folio 1322).
Cf. Guatemalan Forensic Anthropology Foundation, Report dated March 25, 1996 (evidence file, folios 67 to 73 and
folio 1322).
62
63
Cf. Guatemalan Forensic Anthropology Foundation, report dated March 25, 1996 (evidence file, folio 1322).
Cf. Guatemalan Forensic Anthropology Foundation, report dated July 19, 1996 (evidence file, folio 88). See also,
Notarized statement of César Armando Palencia Muralles of July 9, 2003 (evidence file, folio 8).
64
65
Cf. Criminal Trial Court of the department of Petén, ruling of March 27, 1996 (evidence file, folio 61).
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