14
*
*
*
42(28) In 1987, roughly twenty families had returned to the village. However, these
families continued to suffer threats by the military commissioner, who repeatedly
warned them that they should remain silent regarding the facts pertaining to the
massacre, if they did not want to face problems that might cause their death; the
commissioner also forced the men of those families to enter the PAC. This obligation
continued until 1996, when the PAC were legally disbanded;
42(29) during the years after the massacre, a justifiable fear of persecution, threats
and constant control by the military authorities in the area inhibited the survivors
and the next of kin from seeking justice and denouncing the clandestine cemeteries
located in the village. In 1992 the survivors and the next of kin of the persons
executed during the massacre informed the judicial authorities, giving them the
necessary information to locate the clandestine cemeteries. After supplying this
information, they were harassed and threatened by agents of the State;
42(30) the community of Plan de Sánchez was only able to bury some of their next of
kin in accordance with Mayan ceremonies, their beliefs and their religion, beginning
in 1994;
With respect to the legal steps
42(31) on December 10, 1992, a petition was filed regarding the existence of a
clandestine cemetery at the village of Plan de Sánchez. On May 7, 1993 the Human
Rights Ombudsman [Procuraduría de los Derechos Humanos] filed a petition, on
behalf of the community, before the Public Prosecutor’s Office regarding the
massacre that took place at the village of Plan de Sánchez. On August 12, 1993 the
social pastoral of the Diocese of Verapaz informed the Human Rights Ombudsman in
Baja Verapaz of the location of the clandestine cemetery, and this information was
given to the judicial authorities;
42(32) the judicial authorities opened case No. 391/93 at the Trial Court of Salamá,
Baja Verapaz and at the Public Prosecutor’s Office, where it was given the same file
number, in accordance with the criminal procedural system in force at the time;
42(33) on June 6, 1994 the Guatemalan Forensic Anthropology Team (hereinafter
“EAFG”) conducted the exhumation procedure, which began on the 8th of that same
month and year, in the presence of the Human Rights Ombudsman.
The
anthropological work concluded in late August, 1994. The outcome of this procedure
was the exhumation of the remaining bones of 84 persons, from 21 mass graves
located in the middle of the village of Plan de Sánchez. On April 7, 1995 the EAFG
delivered the forensic anthropology study report to the Public Prosecutor’s Office of
the Disctrict of Salamá, attaching to said report the ballistic material recovered from
the exhumations;
42(34) while the EAFG was conducting the exhumations in the community of Plan de
Sánchez, they noted the existence of another clandestine grave that had not been
mentioned in the original petition; it was found one kilometer southeast of the mass
graves located in the middle of the village, and was called mass grave No. 22;
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