First Instance Judge for Crime, Drug-trafficking and Offenses against the Environment of
Rabinal, Baja Verapaz.129
91.
In addition, on March 27, 2003, Carlos Chen Osorio, a survivor of the Xococ
massacre, appeared before the District Prosecutor of Salamá, Baja Verapaz, to testify on
the facts that took place in this community.130 The Court has no information on subsequent
actions in the context of this investigation.
c.
Massacres of Río Negro (Pacoxom) and Agua Fría
c.1.
Principal measures taken
92.
On August 11, 1993, Jesús Tecú Osorio and Francisco Chen Osorio filed a request
before the First Instance Court of Salamá, Baja Verapaz (hereinafter “First Instance
Court”), for an exhumation to be performed in the village of Río Negro (Pacoxom).131 They
ratified this request on August 13, 1993, and, consequently, that same day the said Court
opened the preliminary investigation and notified the Public Prosecution Service, requesting
information on the former patrollers indicted, Carlos Chen, Pedro González, Tomás Gómez
Gónzalez and Pedro González Gómez.132
93.
On May 25, 1994, the Departmental Assistant Ombudsman of Guatemala
(hereinafter “the Departmental Assistant Ombudsman”) filed before the First Instance
Judge a “complaint concerning a clandestine cemetery” in Agua Fría and asked, inter alia,
that the Public Prosecution Office be notified, that an order be issued to exhume the mortal
remains there, to investigate the facts, and that a warrant be issued for the capture of
those responsible.133 This led, in turn, to a complaint filed before the Departmental
Assistant Ombudsman by Victor Mendoza Sic on May 20, 1994, concerning the existence of
the said clandestine cemetery.134 This complaint was subsequently ratified by Mr. Mendoza
Sic before the First Instance Court on June 10, 1994.135 The Departmental Assistant
Ombudsman’s complaint was admitted by the First Instance Judge on May 26, 1994, who
therefore ordered, among other matters, the notification of the Public Prosecution Service,
and the judicial inspection of the place where the clandestine cemetery was located.136
129
Cf. communications of March 11, 2002, addressed to the Public Prosecution Service of Baja Verapaz and
the Justice of Peace of Baja Verapaz by the FAFG (file of annexes to the submission of the case, tome III, folios
1777 and 1778).
130
Cf. Statement made by Carlos Chen Osorio on March 27, 2003, in the District Prosecutor’s Office of
Salamá, Baja Verapaz (file of annexes to the submission of the case, tome IV, folio 1954).
131
Cf. brief filed by Jesús Tecú Osorio and Francisco Chen Osorio before the First Instance Court on August
11, 1993 (file of attachments to the final written arguments of the State, folios 28669 to 28670).
132
Cf. record of the ratification by Jesús Tecú Osorio and Francisco Chen Osorio before the First Instance
Judge on August 13, 1993, and decision of the First Instance Judge of August 13, 1993 (file of annexes to the
submission of the case, folios 28671 to 28678).
133
Cf. complaint filed by the Departmental Assistant Ombudsman of Guatemala on May 25, 1994 (file of
attachments to the final written arguments of the State, folios 28978 to 28981).
134
Cf. complaint filed by the Departmental Assistant Ombudsman of Guatemala on May 25, 1994 (file of
attachments to the final written arguments of the State, folio 28978).
135
Cf. ratification of the complaint filed by Víctor Mendoza Sic ante the First Instance Court of June 10, 1994
(file of attachments to the final written arguments of the State, folios 28986 to 28990).
136
Cf. decision of the First Instance Judge of May 26, 1994 (file of attachments to the final written arguments
of the State, folio 28983).
41
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