2007, this unit requested the court’s authorization to require further information from the Ministry
of Defense concerning the zone, military detachments, troops, commands, officers, and chains of
command during the months of March to May 1981.76 In this request, the unit placed on record that
the ”Ministry of Defense […] has always refused to provide the information that the Public Prosecution
Service has asked it to provide in order to clarify the events that it is investigating.”77 The Ministry
of Defense filed several remedies against the judicial decision ordering it to hand over certain
information, arguing that this was confidential and referred to military matters that were classified
as “secret.”78 All the remedies were denied and, as a result, on October 2, 2007, the Ministry of
Defense issued an official communication in which it indicated that there were no records of the
military detachments assigned to the zone at the time of the events, attaching a certification on the
location of the Petén detachments in 1982, and the record of the officers occupying the posts of
Commander, Second and Third Commander and Officer. 79 The trial judge then decided to hold a
hearing, which took place on December 20, 2007, for the Ministry of Defense to produce the required
information classified as secret in order to determine whether it was useful for the investigation. 80
Neither the Public Prosecution Service nor the Public Defense Service took part in this hearing. 81 In
a ruling of January 23, 2008, the San Benito Criminal Court decided not to incorporate the record of
the hearing into the proceedings because it did not contain elements that were relevant for the
investigation.82
48. In June 2009, the remains of the 19 individuals originally buried in the mass grave were
exhumed for a second time to extract DNA samples and compare these to the genetic material of
the victims’ family members.83 The results of the analyses presented on December 6, 2010, only
permitted the identification of one of the victims, Cristóbal Rey González González, with a high degree
of certainty.84
49. In a ruling of December 2010, the Supreme Court of Justice authorized the transfer of the
proceedings and ordered that the case be forwarded from the Petén court to the First Trial Court for
criminal matters, drug-trafficking and crimes against the environment of the municipality of
Guatemala (hereinafter “the Criminal Trial Court”).85 Subsequently, in December 2010 and January
2011, the prosecution conducted various investigation procedures to collect the identity cards and
birth and death certificates of those who had died on April 29 and 30, in the village of Los Josefinos.86
Cf. Prosecutor, Human Rights Section, Unit for Special Cases and Human Rights Violations, request of January 23,
2007 (evidence file, folios 175 to 179).
76
Cf. Prosecutor, Human Rights Section, Unit for Special Cases and Human Rights Violations, request of January 23,
2007 (evidence file, folios 175 to 179).
77
See, among others, appeal for reconsideration of the January 26, 2007, ruling of April 17, 2007 (evidence file, folios
225 and ff.); Appeal contesting the ruling of January 26, 2007 (evidence file, folios 235 and ff.); Appeal for reconsideration
of the ruling, of April 19, 2007 (evidence file, folios 245 and ff.), and Appeal for reconsideration of the ruling, of April 20, 2007
(evidence file, folios 265 and ff).
78
Cf. Ministry of Defense, Communication No. 6992, of October 2, 2007 (evidence file folio 294), and Ministry of
Defense, Communication No. 7001, of October 2, 2007 (evidence file folios 863 and ff.).
79
80
Cf. Record of procedure of December 20, 2007 (evidence file, folio 327).
Cf. Record of oral hearing held at the General Luis García León First Infantry Brigade on December 20, 2007 (evidence
file, folio 500).
81
Cf. San Benito Criminal and Environmental Crimes Court, Authorization ruling on January 26, 2007 (evidence file,
folios 182 to 186).
82
Cf. Criminal and Environmental Crimes Court of the department of Petén, ruling of April 29, 2009 (evidence file, folios
447 and ff.).
83
84
Cf. Death certificate of Cristóbal Rey González González (evidence file, folios 1553 and 1554).
85
Cf. Supreme Court of Justice, ruling of December 15, 2010 (evidence file, folios 486 and 487).
Cf. Prosecutor, Human Rights Section, requests addressed to the National Civil Registry (RENAP) on December 29,
2010 (evidence file, folios 1074 to 1099).
86
17