On March 30, 2011, the Criminal Trial Court asked the San Benito Criminal Court to forward certain
documentation on the location of the Petén military detachments in 1982, the posts occupied by
certain officers who held office in Military Zone No. 23 at the time of the massacre, and also the FAFG
report and ballistic evidence that was collected during the first exhumation. 87
50. Then, in 2012 the Public Prosecution Service again took statements from several survivors of
the massacre and individuals under investigation 88 and, in December 2012 and August 2013, received
new certifications of the domicile of a number of individuals. 89
51. On April 3, 2013, FAMDEGUA requested that the victims exhumed in 2009 be buried.90 On April
29, 2013, the remains of the only victim of the massacre who had been identified were returned to
a survivor of the massacre, and the other skeletal remains were handed over to Francisco Batres
Álvarez, survivor of the massacre and representative of the community.91 That same day, the skeletal
remains that had been recovered were again exhibited for the family members to identify them.
According to the representatives, this resulted in the identification of three more victims, namely:
María Inés Muralles Pineda, Isabel Hernández Pineda and Santiago Colón Carau.92 During the
procedure, agents of the Prosecution Service conducted an on-site investigation, took photographs
and videos, and surveyed the area where the events took place. Their report was sent in on May 22,
2013.93
52. On September 8, 2014, the prosecutor of the Human Rights Section forward information on the
case pending before High Risk Criminal Trial Court "B" of the department of Guatemala for the crimes
of first degree murder and crimes against the human rights of the inhabitants of the village of Los
Josefinos on April 29, 1982.94 The most recent procedures included, in particular, the “identification
of possible witnesses of these events” who were being located in order to interview them. 95
53. In a communication of December 26, 2014, the head of the Analysis Unit of the Unit for Special
Cases of the Internal Armed Conflict informed the prosecutor of the Human Rights Section of the
names of 19 officers related to the case and that 13 of them had been traced.96 On November 4,
2015, the Ministry of Defense answered the October 19, 2015, request for information by the
prosecutor, indicating that some of the documents requested were not in the Army’s General Archives
and that it had verified that, in 1982, the “General Luis García León” Military Brigade No. 23 did not
exist in the tables setting out the Army’s organization and equipment; that there was no information
available to determine the names of the commanders and seconds-in-command assigned to certain
detachments, and that the ministerial decisions creating them had not been found. 97
Cf. Request of the First Trial Judge for criminal matters, drug-trafficking and crimes against the environment to the
Trial Judge for criminal matters, drug-trafficking and crimes against the environment, Petén, of March 30, 2011 (evidence
file, folio 492).
87
88
Cf. Public Prosecution Service, Record for November 15, 2021 (evidence file, folios 1559 and ff).
89
Cf. Investigation file, criminal case No. C-805-1996 (evidence file, folios 1485 to 1534).
90
Cf. FAMDEGUA letter to the Public Prosecution Service of April 3, 2013 (evidence file, folio 1535).
91
Cf. Public Prosecution Service, Record for April 29, 2013 (evidence file, folio 1545).
92
Cf. Pleadings and motions brief (merits file, folio 252).
Cf. Public Prosecution Service, Evidence Collection Unit, Criminalistic Investigations Directorate, May 22, 2013
(evidence file, folios 1563 to 1590).
93
94
Cf. Prosecutor of the Human Rights Section, communication of September 9, 2014 (evidence file, folio 3208).
95
Cf. Prosecutor of the Human Rights Section, communication of September 9, 2014 (evidence file, folio 3209).
Cf. Communications of the Immigration Department of October 24, 2014, the Tax Administration Superintendence
of October 27, 2014, and the Universidad de San Carlos de Guatemala of October 27, 2014 (evidence file, folios 13152 and
ff.).
96
97
Cf. Communication No. 009255 of the Ministry of Defense of November 4, 2015 (evidence file, folio 13176).
18