94 was opened. 44 On February 16, 1995, the Public Ministry asked the Criminal Judge of First
Instance of Baja Verapaz to request that case 722-93 and case 471-94, before the Criminal
Court of First Instance for Drug-trafficking and Crimes against the Environment of Baja
Verapaz, be joined, as they are crimes of public action that should be heard by a single
court. 45 On February 20, 1995, the Court declared the joinder of cases 722-93 and 471-94 46,
so that in due course, should the Public Ministry consider it advisable to do so, it might issue a
single indictment against the accused 47, Carlos Chen, Pedro González Gómez, and Fermín Lajuj
Xitumul, who were already being tried for the crimes that occurred in the Community of Río
Negro (Criminal Case No. 722-93).
74. In addition, it appears from the information provided by the parties that on October 7,
1999, the Criminal Court of First Instance for Drug-trafficking and Crimes against the
Environment of Salamá, Baja Verapaz, handed down a judgment against Messrs. Carlos Chen,
Pedro González Gómez, and Fermín Lajuj Xitumul, for the murder, on March 13, 1982, of
Martha Julia Chen Osorio and Demetria Osorio. In addition:
It absolves defendants Carlos Chen (only last name), Pedro González Gómez, and Fermín Lajuj
Xitumul of the crime of murder of which they are accused to have committed against Messrs.
48
Santiago Sic Rafael, … and Martha Cuxum , from the village of Agua Fría, municipality of
49
Xicaman …
That the defendants Carlos Chen (only last name), Pedro González Gómez, and Fermín Lajuj
Xitumul are liable in the degree of perpetrators [autores] for the crimes of murder committed
50
against the life and physical integrity of Martha Julia Chen Osorio and Demetria Osorio.
75. According to the judgment of October 7, 1999, the proceeding was opened “into the crimes
of two murders, against the Officer of the National Army of the Republic of Guatemala Mr.
Antonio González Solares [sic José Antonio Solares González] and all other members of that
institution who turn out to be involved in the deaths of Martha Julia Chen Osorio and Demetria
Osorio Lajuj.” 51
76. The judgment of October 7, 1999, was appealed, and in February 2000 it became firm,
modifying operative point VI of the judgment, so as to sentence Messrs. Carlos Chen, Pedro
González Gómez, and Fermín Lajuj Xitumul to 50 years, not subject to commutation, in
44
Procuraduría General de la Nación, official note No. 072/94SG-PGN. REF.GACT/bace. October 6, 1994. Document is
in the record.
45
Office of the Attorney General of the Republic, Public Ministry, Case No. 722-93. Of. 3o. Brought by Public Ministry
Prosecutor Mynor Eliseo Elías Ogáldez. Document in the record.
46
Criminal Court of First Instance for Drug-trafficking and Crimes against the Environment of Baja Verapaz, Salamá.
Resolution of February 20, 1995. Signed by Judge Heberto Antonio Rodas De León. Document in the record.
47
Criminal Court of First Instance for Drug-trafficking and Crimes against the Environment of Baja Verapaz, Salamá.
Resolution of February 20, 1995. Signed by Judge Heberto Antonio Rodas De León. Document in the record.
48
The list of persons set forth in the Judgment of October 7, 1999, in the part that refers to the facts imputed to the
accused, begins with Santiago Sic Rafael and ends with Martha Cuxum. See: Criminal Court for Drug-trafficking and
Crimes against the Environment of Salamá, Baja Verapaz, Judgment of October 7, 1999.
49
Criminal Court for Drug-trafficking and Crimes against the Environment of Salamá, Baja Verapaz, Judgment of
October 7, 1999. Signed by Judge (Juez Vocal) Gloria Esperanza López Aquino, operative point No. III of the
Judgment. Document in the record.
50
Criminal Court for Drug-trafficking and Crimes against the Environment of Salamá, Baja Verapaz, Judgment of
October 7, 1999. Signed by Judge (Juez Vocal) Gloria Esperanza López Aquino, operative point No. V of the Judgment.
Document in the record.
51
Criminal Court for Drug-trafficking and Crimes against the Environment of Salamá, Baja Verapaz, Judgment of
October 7, 1999. Signed by Judge (Juez Vocal) Gloria Esperanza López Aquino. Operative point No. XII of the
Judgment indicates that the procedure is left open, for the crimes of two assassinations, against Messrs. Pablo Ruiz
Alvarado, Macario Alvarado Toj, Simeón Enrique Gómez, Ambrosio Pérez Lajuj, Cristóbal Mendoza, Pablo Jesús
Alvarado, Gabriel Cuxum Alvarado, Francisco Cuxum Alvarado, Marcelo Lajuj Osorio, Tomas Alvarado Toj, Lucas Lajuj
Alvarado, Francisco Alvarado Lajuj, Victoriano Lajuj, Tomas Vino Alvarado, Víctor González López, Miguel Alvarado Sic,
Serapio Lajuj Cuxum, and Bonifacio Cuxum. Document in the record.
16