G. Massacre of September 14, 1982, in Agua Fría 81. A group of survivors of the Pacoxom and Los Encuentros massacres fled to a village known as “Agua Fría,” in the department of Quiché, Guatemala. On September 14, 1982, a group of soldiers and patrollers came to that area and assembled the people in a building.110 They fired on them from outside and later set fire to the building111 killing at least 92 people.112 The case file indicates that at least one person, Timotea Lajuj López, survived the massacre owing to the intervention of her brother, who was serving in the Army.113 H. Life in the mountains and the resettlement of the members of the Community of Río Negro in the Pacux settlement 82. According to the CEH report, “[s]ome communities, such as Río Negro, were victims of systematic persecution, aimed at their total elimination.”114 Some individuals who were able to escape the different massacres perpetrated against the Río Negro community took refuge in the mountains, some of them for years, stripped of all their belongings, sleeping exposed to the elements and moving continuously in order to flee the soldiers and patrollers who pursued them even after the massacres. Some of them were shot to death during those pursuits. Additionally, the members of the Río Negro community experienced severe problems finding food, and several children and adults died of hunger because the army and patrollers would destroy any fields they were able to cultivate. Some women gave birth in folios 528 and 529); testimony of José Osorio Sic (file of annexes to the submission of the case, tome I, folios 540 and 541); testimony of Fabián Chen Ivoy (file of annexes to the submission of the case, tome I, folios 551 and 552) and testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 561). 110 The CEH indicated that: “[o]n September 14, 1982, soldiers and patrollers from Xococ arrived in this community and proceeded to assemble everyone in one of the houses […]”; while testimony given at the domestic level indicated that it was a school. Then, Francisco Chen Osorio indicated that “they burned everyone in one place and set fire to the houses.” Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the Community of Río Negro,” and testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 562). 111 Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the Community of Río Negro.” Testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folios 561 to 562); Judgment of November 30, 1998, Criminal proceedings No. 001-98-1 (file of annexes to the submission of the case, tome I, folio 590), and testimony of Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 489). 112 The CEH indicated that in Agua Fría “92 people died, including the elderly, children and women.” Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the Community of Río Negro.” Meanwhile, Francisco Chen Osorio indicated that between 90 and 100 people died that day. Cf. testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 562). The Inter-American Commission alleged that 128 people died in this massacre. Cf. brief submitting the case (merits file, tome I, folio 41). The representatives forwarded a list of 96 persons presumably massacred in Agua Fría on September 14, 1982. However, with their final written arguments, the representatives forwarded a list of 89 persons, 43 of them minors, presumably massacred on that date. Cf. “Annex L. List of victims of the Agua Fría massacre” (file of attachments to the pleadings and motions brief, tome XXIII, folios 13763 to 13766), and “List of persons massacred on September 14, 1982, in the village of Agua Fría” (file of attachments to the representatives’ final arguments, folios 26181 to 26201). 113 Cf. Testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 562), and testimony of Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 489). 114 Report “Guatemala, Memoria del Silencio,” supra, second chapter, volume III, para. 3383. 37

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