20
Davis. He also stipulated that neither the Blake family nor the Davis family
could take any action to prosecute the El Llano Civil Patrols who had killed
Nicholas Blake and Griffith Davis (cf. contract of May 19, 1992 signed by
Felipe Alva, Army Commandant, Chiantla region, Huehuetenango,
Guatemala; April 17, 1997 testimony of Richard R. Blake, Jr.; April 17,
1997 testimony of Samuel Blake; October 1993 statement by Samuel
Blake delivered in Washington, D.C.; October 1993 statement by Richard
R. Blake, Jr., delivered in Washington, D.C.; and June 14, 1993 statement
by Michael Shawcross delivered in Antigua, Guatemala).
(k)
On June 11 and 12, 1992, Army Commandant Felipe Alva, Mr.
Michael Shawcross, members of the Blake family, forensic experts,
diplomatic observers, and an officer of the Guatemalan Army went to
various places in the area around El Llano, where Army Commandant
Felipe Alva claimed the remains of Mr. Nicholas Blake and Mr. Griffith
Davis were located, but they were not found (cf. April 17, 1997 testimony
of Richard R. Blake, Jr.; Anthropological Forensic Report of July 18, 1992,
issued by the Smithsonian Institute; October 1993 statement of Samuel
Blake delivered in Washington, D.C.; October 1993 statement of Richard
R. Blake, Jr., delivered in Washington, D.C.; and June 14, 1993 statement
of Michael Shawcross delivered in Antigua, Guatemala).
(l)
On June 14, 1992, the same group of persons traveled,
accompanied by Lieutenant Colonel Otto Noack-Sierra, who was assisting
with the investigation, to a place where Army Commandant Felipe Alva
claimed the remains of Mr. Nicholas Blake could be found. However, they
were not located. That same day, Lieutenant Colonel Noack went to El
Llano and returned with a member of the civil patrol from the area, who
indicated the site where the remains were actually found. The remains
were subsequently identified by forensic experts Douglas Owsley and John
Verano of the Smithsonian Institute as those of Mr. Nicholas Blake (cf.
April 17, 1997 testimony of Richard R. Blake, Jr.; April 17, 1997 testimony
of Samuel Blake; Anthropological Forensic Report of July 18, 1992, issued
by the Smithsonian Institute, photographs of the site where the remains of
Mr. Nicholas Blake and Mr. Griffith Davis were buried; photograph of the
patrol member who indicated the spot where the remains were found;
October 1993 statement by Samuel Blake delivered in Washington, D.C.;
October 1993 statement by Richard R. Blake, Jr., delivered in Washington,
D.C.; and June 14, 1993 statement by Michael Shawcross delivered in
Antigua, Guatemala).
(m)
On August 21, 1992, the Registrar General of the Village of
Chiantla in the Department of Huehuetenango issued Mr. Nicholas Blake's
death certificate establishing March 29, 1985, as the date of death (cf.
August 21, 1992 death certificate of Nicholas Blake; April 17, 1997
testimony of Richard R. Blake, Jr., October 1993 statement by Samuel
Blake delivered in Washington, D.C.; and October 1993 statement by
Richard R. Blake, Jr., delivered in Washington, D.C.).
(n)
As of the date of this judgment, the State has not yet completed
the investigation of the facts, which began on June 26, 1985, nor has it
punished those responsible for Mr. Nicholas Blake's death (cf. April 17,
1997 testimony of Richard R. Blake, Jr.; April 17, 1997 testimony of
Samuel Blake; April 17, 1997 testimony of Ricardo Roberto; April 17, 1997
testimony of Justo Victoriano Martínez-Morales; March 1990 document
from the U.S. Embassy in Guatemala to the Secretary of State; October