clarify the facts, much less identified the individuals who are criminally responsible, because no substantive progress has been made in terms of the investigation. In addition, they state that the time that has elapsed since the murder makes it more difficult to conduct timely investigative procedures that yield positive results. 15. According to the petitioners, the lack of investigation and the absence of an effective remedy have made it impossible for the family to obtain justice. In addition, they allege that the authorities have refused to allow them access to the judicial file and a copy thereof, arguing that they are not parties to the proceeding. 16. The petitioners indicate that throughout the entire process pursued by the family, they have always had the burden of the investigation. They have presented witnesses to the Office of the Public Prosecutor, have sought to have procedures carried out, and have participated in some of them. However, many procedures have not been carried out, among them the reconstruction of the scene of the crime. They also state that the participation of family members and witnesses puts their lives at high risk. Nonetheless, the Office of the Public Prosecutor has not shown any interest in ensuring their security or protecting the witnesses. 17. According to the petition, Florentín Gudiel Ramos and his daughter Makrina were the victims of repeated threats. On November 15, 2003, a former kaibil threatened Florentín Gudiel, Makrina Gudiel, and her son with death. This is apparently because this person was removed from the chairmanship of the Education Committee of the Self Managed School based on indications that funds had been misused and Mr. Gudiel succeeded him in this position. Although it alleges that the facts have been reported, they state they do not know of any investigative action. In December 2003, a member of the URNG threatened Mrs. Gudiel with death, and this was reported to what was called the United Nations Verification Mission in Guatemala (MINUGUA). During 2004, there was friction with a former military commissioner. On November 17, 2004, the petitioners assert that armed men wearing ski masks came to Mrs. Gudiel’s home, where they found only the younger son, an incident that did not go any further. They then point to an attack on January 14, 2005 when unknown men tried to set the auto Mrs. Gudiel was driving on fire. They allege that as a result of this intimidation, the Gudiel family has not returned to live in Santa Lucía Cotzumalguapa. Mrs. Gudiel travels daily to Santa Lucía Cotzulmaguapa to work at the Women’s Association of the Social Movement and the former mayor, Dr. Julio Paz, provides her with protection through his personal security. Although the petitioners recognize that the Presidential Commission to Coordinate Executive Policy in Human Rights (COPREDEH) offered in May 2008 to initiate a proceeding seeking personal protection for Mrs. Gudiel, they state they feel that this could put Mrs. Gudiel’s life at higher risk in view of the fact that there are communications between those who threaten her and the police. 18. They also indicate that the atmosphere of violence surrounding life in Santa Lucía Cotzumalguapa and the constant threats received by Mrs. Makrina Gudiel have made it impossible to hire an attorney to litigate the case in the courts of that municipality so that Mrs. Gudiel could file suit. They state that between September 2005 and December 2007, six people, among them members of community councils and activists with the Mayor’s Office of Santa Lucía Cotzumalguapa, were murdered. They allege that between August 25 and 31, 2008 eleven people were murdered in the municipality. In the months of July and August of that same year, the women’s organization to which Makrina Gudiel belongs, the “Women’s Association of the Cotzumalguapa Social Movement,” received a series of telephone threats made to several of its leaders. According to the petition, Mrs. Gudiel constantly receives messages from former members of the State security forces indicating that “her days are numbered.” They also state that these threats are not reported to the prosecutor’s office because they are not investigated and are disregarded. 19. Regarding the rights that have been violated, they maintain that since the execution of Mr. Gudiel was planned by former military commissioners, who are persons acting with the acquiescence or consent of the Army of Guatemala, Article 4 of the American Convention has been violated. In addition, the refusal to allow access to the case file and to carry out procedures proposed or that the Office of the Public Prosecutor should carry out at its own 3

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