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
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