50
value this as a precedent for the alleged violations. Consequently, the Court must
establish the extent to which the background of the instant case and the situation of
Ramiro Osorio Cristales after March 9, 1987, fit into this framework of systematic
practice of abductions and illegal retention of children, as claimed by the
representatives. For purposes of this analysis, the facts of the instant case will be
divided into two periods: the first corresponds to the facts which occurred prior to the
State’s recognition of the Court’s obligatory jurisdiction on March 9, 1987, and the
second to the facts which comprise the factual situation of Ramiro Osorio Cristales
after that date.
B) Facts prior to March 9, 1987
179. The Court takes note that the State has recognized the facts occurred prior to
March 9, 1987, therefore the Court will consider them precedents to the instant case.
It has been established that:
a)
at the time of the massacre of the Las Dos Erres community Ramiro
Osorio Cristales was six years old and lived there with his family182;
b)
during the massacre Ramiro Osorio Cristales witnessed the execution of
his mother and sister, and heard the cries of the rest of the members of the
community when they were executed183;
c)
Ramiro Osorio Cristales was taken from the community of Las Dos
Erres by the kaibil Santos López Alonso184, along with the group of kaibiles
who perpetrated the massacre. He was with them for several days during
their march through the woods185, was picked up along with this group of
kaibiles by an army helicopter186 and then remained in the school for kaibiles
for two months187. During this time, his presence was known by the other
kaibiles. At that same time, Mr. Santos López Alonso was at that school for
kaibilies, were he worked as an instructor188;
182
Statement by Ramiro Osorio Cristales rendered on July 14, 2009 at the public hearing held by the
Court in La Paz, Bolivia, and statement by “Ramiro Fernando López García” as evidence produced before
trial, supra note 169.
183
Statement by Ramiro Osorio Cristales, supra note 182, and statement by “Ramiro Fernando López
García” as evidence produced before trial, supra note 169.
184
Testimony of Flavio Pinzón Jerez of March 17, 2000 before the Court of First Instance of Petén
(Appendixes to the application, judicial file, pieces VI to XIII, appendixes 22 to 29, f. 3906).
185
Two kaibiles who participated in the massacre declared that two surviving children were with the
patrol during 8 days. According to Flavio Pinzón Jerez “of the two children left one had been taken by
Lieutenant Ramírez Ramos and the other by Specialist Santos López Alonzo [afterward] the helicopter
arrived [and] they put the children in the helicopter at the same time.” Cf. Testimony of Flavio Pinzón
Jerez, supra note 184, fs. 3906 and 3907, and testimony of César Franco Ibáñez provided on March 17,
2000 before the Court of First Instance of Petén (Appendixes to the application, judicial file, pieces VI to
XIII, appendixes 22 to 29, f. 3903), and statement by Ramiro Osorio Cristales, supra note 182.
186
Statement by Ramiro Osorio Cristales, supra note 182.
187
Statement by “Ramiro Fernando López García” as evidence produced before trial, supra note 169,
fs. 3827 to 3831, and statement by Ramiro Osorio Cristales, supra note 182.
188
Ramiro Osorio Cristales expressed that “[after the massacre] they took us through the mountains
and an elite troops helicopter went to pick us up, I remember the colors white and blue, it took us to the
school in Kalure, supposedly to get information on whether the village had links to the guerrilla. We were
at the school in Kalure between one and a half to two months. I was the last child left, because all of the
officers had taken a child, there was an officer, Lieutenant Rivera, and I remember his last name, he told
me that he was going to take me to his house. Mr. Santos López Alonso, who was sub-instructor of the
kaibiles and planner of the kaibiles school, he then came to win me over, giving me bread, and told me
that if I left with that lieutenant I was going to get killed. So on the day when that lieutenant was leaving
on a license or vacation I hid, I climbed on an orange tree and waited until he left. The following weekend
this other man was also leaving on a license. He then took me to his home, and that’s how he adopted me
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents