45. In a communication of September 19, 1996, the district prosecutor of Petén asked the Prosecutor General to transfer the case to the Prosecution Service for Special Cases “owing to the social impact” of the matter.66 The procedures conducted allowed the identity of the person in charge of Military Zone No, 23 at the time of the events to be determined. 67 On being summoned to make a statement, the Commander denied all knowledge of the massacre and, on being asked who was in charge of directing military operations, he indicated that he did not recall the name of the officers posted to the military zone of Poptún, El Petén, because “this was about fifteen years ago”; that “the Commander of the military detachment was given autonomy to take his decisions based on the detachment’s safety requirements,” and that general orders were given by the Command of the military zone, while specific orders were determined by the commander of the detachment.68 On March 12, 1997, an on-site inspection of the cemetery of the village was performed by the justice of the peace of Sayaxché, Petén.69 46. On March 15, 2005, when more than eight years had passed without any significant investigation procedures having been conducted, the Presidential Commission on Human Rights attached to the Presidency of the Republic of Guatemala (hereinafter “COPREDEH”) certified that, in effect, no significant steps had been taken in the case and underlined that, since no specific person and been accused in the case, the Public Prosecution Service was not “subject to any time limit to conduct the investigation.”70 Nevertheless, COPREDEH requested the reactivation of the Public Prosecution Service’s investigations.71 During October 2006, and January and November 2007, the Public Prosecution Service again conducted investigation procedures such as requesting additional information concerning one of the military officers under investigation, 72 and asking the Ministry of Defense to provide additional information on the military units operating in the department of Petén at the time of the events.73 It also collected a series of statements from survivors and witnesses of the massacre and performed another inspection of the Los Josefinos cemetery.74 47. On November 21, 2006, the case file was forwarded to the Unit for Special Cases and Human Rights Violations of the Human Rights Section of the Public Prosecution Service. 75 On January 23, 66 97). 67 Cf. Petén district prosecutor of the Public Prosecution Service, request of September 19, 1996 (evidence file, folio Cf. Commander of Military Zone No. 23, communication of October 29, 1996 (evidence file, folio 99). Cf. Statement of Colonel E.C.P. before the Metropolitan District Prosecutor on February 25, 1997 (evidence file, folios 146 and 147) 68 Cf. Trial Court of the department of San Benito, ruling of February 27, 1990 (evidence file, folios 119 and 120), and Record of on-site inspection prepared by the justice of the peace of Sayaxche, of March 12, 1997 (evidence file, folios 78 and 79). 69 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 1788). 70 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). 71 72 Cf. Petén district prosecutor, request of October 9, 2006 (evidence file, folio 163). Cf. Prosecutor, Human Rights Section, Unit for Special Cases and Human Rights Violations, request of January 23, 2007 (evidence file, folios 175 to 179). 73 Cf. See, for example, Statement before the Public Prosecution Service by Francisco Batres Álvarez on October 5, 2006 (evidence file, folio 521); Statement before the Public Prosecution Service by Antonio Ajanel Ortiz on October 10, 2006 (evidence file, folio 534); Statement before the Public Prosecution Service by Samuel Gregorio Bracamonte Pineda on October 12, 2006 (evidence file, folio 537); Statement before the Public Prosecution Service by José Domingo Díaz López on October 12, 2006 (evidence file, folio 541); Statement before the Public Prosecution Service by Juana Leónidas García Castellanos de Regalado on October 12, 2006 (evidence file, folio 543), and Statement before the Public Prosecution Service by Hilario Larios Pérez on October 12, 2006 (evidence file, folio 545). See also, Record of on-site inspection of January 27, 2007 (evidence file, folios 552 to 554). 74 Cf. Communication of the Technical Coordination Secretary of the Public Prosecution Service to the El Petén district prosecutor of November 21, 2006 (evidence file, folio 31). 75 16