of their people,” as well as the material elements for artistic and musical production.123 The community also suffered the “destruction of [its] social structure […],” because “its relationships with other individuals [were] forcibly redefined, a situation that mainly affected those who were children at the time, thereby having an impact on the way in which the culture was passed from generation to generation.” According to the expert witness, the Río Negro Community also lost its “spiritual guides, midwives and community leaders who ensured that the culture’s principles were followed […].124 Consequently, the community has not been able “to perform its spiritual rites […and] processes of family disintegration can be observed,” as well as the “gradual loss of the Maya Achí language.”125 I. Investigation, prosecution and punishment of those responsible for the massacres a. Massacres committed in the Río Negro chapel and at Los Encuentros 88. The Inter-American Commission and the representatives allege that there has never been any investigation into these massacres, and the State has not contested the facts. b. Massacre committed in Xococ 89. The corresponding proceedings were initiated based on the statement made by Denese Joy Burck, whose Guatemalan name is Dominga Sic Ruiz, before the Special Prosecutor of the Public Prosecution Service in Guatemala City on March 19, 2001, regarding the facts that took place in the Xococ community on February 13, 1982, and on Cerro Pacoxom on March 13, 1982. Ms. Burck is a survivor of the Pacoxom massacre.126 90. Following an order issued by the Departmental First Instance Judge of Baja Verapaz, the Guatemala Forensic Anthropology Foundation exhumed some remains found in the village of Xococ between September 4 and 17, 2001. The stage of processing, analyzing the information, and preparing the expert report took place from March 1 to 8, 2002.127 The report indicated that 44 skeletons were recovered. In addition, it was possible to identify the victims Tereso Osorio Chen and Crispín Tum Iboy.128 The expert report was sent to the Public Prosecution Service and to the Justice of the Peace of Baja Verapaz, as well as to the 123 According to the expert witness, “elements of the clothing were lost, mainly of the men; the food and music also changed.” Cf. expert report provided by affidavit by Alfredo Itzep Manuel (merits file, tome II; folio 1050). 124 Testimony provided by affidavit by Alfredo Itzep Manuel (merits file, tome II; folio 1069). 125 Testimony provided by affidavit by Alfredo Itzep Manuel (merits file, tome II; folio 1071). Similarly, Ms. Pérez Osorio indicated that the cultural traditions and ceremonies “are no longer practiced,” except “in commemoration of those who died, but it is not the same.” According to this survivor, “[n]ow […] only two people practice natural medicine […], the young people no longer learn these customs. […Now the typical costume] is only bought second hand and the ribbon in the hair is no longer used. […] The Achí language is hardly used at all. In the school, the lessons are only given in Spanish […].” Testimony provided by affidavit by Bruna Pérez Osorio (merits file, tome II, folios 992 and 1015). 126 Cf. Statement made by Denese Joy Burck on March 19, 2001, before the Special Prosecutor of the Public Prosecution Service of Guatemala City (file of annexes to the submission of the case, tome III, folio 1771). 127 Cf. forensic anthropology appraisal made by the FAFG in the village of Xococ (file of annexes to the submission of the case, tome III, folio 1783). 128 Cf. forensic anthropology appraisal made by the FAFG in the village of Xococ (file of annexes to the submission of the case, tome IV, folio 1902). 40