C.2. The death of Mr. A.A. 93. On December 20, 2004, the lifeless body of Mr. A.A. was found on the road surface at “kilometer 90.5 along the highway to Pacific” 122, with three gunshot wounds, two in the frontal region of the skull and another in the left side of his back, 123 with the bicycle he had been riding still between his legs. 124 94. According to the statement made by Mrs. C.A., “a neighbor came to tell [them]” that “[her] husband was lying in the road.” 125 The first person to arrive at the murder scene was his son G.A. 126 According to the statements of Mrs. E.A. and B.A., because they were away from their homes, 127 they were told of the death by the then Mayor, and so they returned home. 128 C.3. Events subsequent to the death of Mr. A.A. 95. Following Mr. A. A.’s death, the family, with the help of neighbors, organized nine days of prayers (novena), in accordance with religious customs. 129 During that period, on December 22 and 23, 2004, the Departmental Assistant of the Office of the Human Rights Ombudsman requested different units of the National Civil Police to provide perimeter and personal security measures for Mrs. B.A. and her family, “given the constant death threats that family [A] has received and the recent murder of [B.A.’s] father.” 130 There is no evidence in the record that such measures were implemented. 96. Nevertheless, following complaints that several men had apparently “arrived to threaten” the family, and after B.A. had requested support from the then Mayor of Santa Lucía Cotzumalguapa, agents of the Municipal Transit Police provided security patrols and accompanied the family during the nine days of prayers. 131 The Court confirms that during the five months after Mr. A.A.’s death, and on several occasions, B.A. and E.A. reported that the family had suffered acts of intimidation during the aforementioned nine-day period (infra para. 152). 122 Cf. Report No. 315ª- 2005 EEC-G 11 and sketch prepared on April 29, 2005 by the Criminal Investigations Expert (File of attachments to submission brief, page 858). 123 The State disputed the number of gunshot wounds received by Mr. A.A. Cf. Autopsy No. 225/04 of December 22, 2004 (File of attachments to submission brief, page 941), and Extended Report dated May 10, 2005 of Autopsy Report No. 225/04 (File of attachments to submission brief, page 880). 124 Cf. Photographs attached to note MP60/2004/5417 of the Assistant Prosecutor of the Public Prosecution Service of January 12, 2005 (File of attachments to submission brief, pages 818 to 820); “The A family still suffers persecution”, Prensa Libre, 30 January 2005 (File of attachments to submission brief, page 1403); Statement of E.A. before the Prosecutor for Crimes against Human Rights Activists of May 11, 2005 (File of attachments to submission brief, page 865); and Report submitted by the Chief of the substation of the National Civil Police of Escuintla to the District Prosecutor of the Public Prosecution Service of December 21, 2004 (File of attachments to submission brief, page 1145). 125 Cf. Statement of C.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minutes 24:34 and 25:39). 126 Cf. Record of the procedure for the removal of the body, December 20, 2004 (File of attachments to submission brief, page 939); Statement before the Special Human Rights Prosecutor of May 9, 2005 (File of attachments to submission brief, page 861), and Report of the Chief the substation of the National Police to the District Prosecutor of the Public Prosecution Service of December 21, 2004 (File of attachments to submission brief, page 940). 127 Cf. Statement of C.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 20:00), and Statement of E.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 37:28). 128 Cf. Statement of B.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 1:18:53). 129 Cf. Statement of B.A. before the Office of the Special Prosecutor for Human Rights in Guatemala City of May 11, 2005 (File of attachments to pleadings and motions brief, page 2222), and Testimony of B.A. of December 12, 2010 (File of attachments to pleadings and motions brief, page 2014). 130 Cf. Letter of December 22, 2004, of the Departmental Assistant of the Office of the Human Rights Ombudsman of Escuintla (File of attachments to submission brief, page 898); Letter of December 23, 2004 from the Departmental Assistant of the Office of the Human Rights Ombudsman of Escuintla to the Chief of the substation of the National Civil Police in Santa Lucía Cotzumalguapa (File of attachments to submission brief, page 899), and Letter of December 23, 2004 from the Departmental Assistant of the Office of the Human Rights Ombudsman of Escuintla to the Departmental Commissioner of Precinct 31 of the National Civil Police of Escuintla (File of attachments to submission brief, page 900). 131 Cf. Statement rendered by B.A. before the Special Human Rights Prosecutor on May 11, 2005 (File of attachments to submission brief, page 869); Statement rendered by B.A. on December 17, 2010 (File of attachments to submission brief, disk 2, minute 1:30:8), and Statement of the former municipal Mayor of December 5, 2010 (attached to submission brief, page 797). 29

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