disappearance] internationally, first to
organizations in the United States […].” 114
the
churches
and
then
to
humanitarian
B.2. Work of B.A.
89.
The file shows that on November 12, 2003, Mrs. B.A. served as vice-president of
the Women’s Network of Escuintla. 115 Also, in May 2004 she worked as the Social
Organization Officer of the municipality of Santa Lucía, 116 a position that involved:
organizing each canton, hamlet, village, neighborhood [and] subdivision […] in the municipality,
and helping to organize unions, trade associations, transport and other forms of organization in
the community, provide civic training and influence the political life of the municipality and of the
nation in general, according to the common interest. 117
90.
Subsequently, on September 11, 2004, the General Assembly of the village of
Cruce de la Esperanza elected Mrs. B.A. to the position of Secretary of the local
COCODE. 118 Mrs. B.A. was also involved in the investigations into the forced
disappearance of her brother, Y.A., at least from October 13, 2004. In this regard, in its
Judgment in the case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, this Court
established that Mrs. B.A., together with other individuals, filed the initial application
before the Inter-American Commission on December 9, 2005. 119
C) The facts of the case
C.1. Events prior to the death of A.A.
91.
On November 26, 2003, Mrs. B.A. filed a complaint before the Office of the District
Prosecutor of Santa Lucía Cotzumalguapa, stating that :
On […] November 25 [of that year] at 2.30 in the afternoon a meeting was organize[d] in the
community of La Esperanza […] to elect the new COEDUCA committee […] for the “Republic of
Mexico” Community Self-Management School [.] During that meeting I discussed some problems
that the school was having […] [.] Finally, we chose the new board of the local Committee [.] […]
but at around 6.40 pm I was at a wake in [the village of] El Rosario, when I received a call on my
cell phone […] from Mr. [L.L.] […] who identified himself when he spoke to me, and told me ‘so,
you guys got your own way and appointed a new committee, but you can be sure I’ll turn you and
your son into shit’. I only asked him why he was threatening me like that, and said that if he
[was] going to say those things to us to do it personally, it’s not the first time he threatens us [,]
because a previous time he threatened my sister and told her that he was an ex kaibil and that
we were really going to see what he [could] do to us. But this man has no reason to threaten us
in this way because [he] doesn’t belong to the community and if he had any grievance with the
Assembly he could have expressed it at the time but he did not do so. Also, I think that it’s only
an excuse to bother us because I belong to the URNG and, as a former member of the Army, he
still holds on to certain ideologies and that’s why he bothers us […] 120.
92.
The file also shows that on February 20, 2004, Mrs. B.A. went to the Mediation
Center of Escuintla to attend a mediation session “because of the conflict over the
threats.” However, the other party did not appear, so the case was “transferred” to the
First Magistrates Court of Escuintla. 121
114
Cf. Statement of A.A. of October 11, 2004 (File of attachments to submission brief, page 1377).
Cf. Endorsement of the statement: Toward a New Stage in the Construction of Peace (Merits file, pages
2082 to 2085); Statement of the former municipal Mayor of December 5, 2010 (File of attachments to submission
brief, page 797).
116
Cf. Carnet of Social Organization Officer of the Municipality of Santa Lucía Cotzumalguapa (File of
attachments to pleadings and motions brief, pages 2110 a 2111).
117
Cf. Statement of B.A. of December 12, 2010 (File of attachments to submission brief, page 1353).
118
Cf. Certification of Record 04-2004 of September 11, 2004 of the General Assembly of Cruce de la
Esperanza (File of attachments to submission brief, page 1125).
119
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, paras. 1 and 182, and footnotes 75,
166, 336 and 372.
120
Cf. Complaint MP60-2003-5418 of November 26, 2003 filed before the Permanent Office of the Prosecutor
of Santa Lucía Cotzumalguapa (Merits file, pages 1311 to 3312), and Report of April 5, 2005 submitted by the
Criminal Investigations Specialist of the Public Prosecution Service to the Assistant Prosecutor of Santa Lucía de
Cotzumalguapa (File of attachments to submission brief, page 1065). According to the Report of the Commission
for Historical Clarification, Guatemala: Memory of Silence, “the kaibiles were a special counterinsurgency force
of the Guatemalan Army, who put into practice the extreme cruelty of their training methods in a range of
operations.” Cf. Case of The Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 24, 2009. Series C No. 211, footnote 6.
121
Cf. Record of attendance at Mediation Center of Escuintla of February 20, 2004 (File of attachments to
submission brief, page 1430).
115
28
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