and they kept the victim’s daughter, the minor Silverio Lajuj Tum. After killing all the residents of the village as described, they tossed all of the bodies into a brook near the place already mentioned. In addition, it was established that all the persons mentioned as accused participated actively in each of the executions and in the facts already described above, and that minor Jesús Tecú Osorio was taken from the place and lived with Pedro González Gomes, minor Maria Eustaquia Uscap Ivoy lived with Pablo Ruiz Alvarado and minor Pedro Sic Sánchez lived with 29 Fermín Lajuj Xitumui.” Based on illustrative report No. 10 of the report of the Commission for Historical Clarification (Comisión de Esclarecimiento Histórico), it was established that: “On August 23, 1993, four members of the community, with the assistance of the Grupo de Apoyo Mutuo (GAM), reported the facts to the Justice system. On July 25, 1994, three members of the Civil Defense Patrols who participated in the massacre of March 13 were detained and indicted. The exhumation was done on October 7, 1994, On May 27, 1996, oral argument was suspended because the defense 30 requested the application of the amnesty decree, 32/88, which was denied in all instances.” 43. With respect to the procedural posture of the case, the State, in its response to the complaint, noted that the oral trial began on November 9, 1998; it concluded with a conviction, handed down November 30 by the Court of Rabinal (Tribunal de Sentencia de Rabinal), in which the death sentence was imposed by the trial court against Pedro González Gómez, Fermín Lajuj Xitumul, and Miguel Alvarado, accused of being the material perpetrators of the Río Negro massacre. This judgment, according to the State, was voided on appeal and remanded. The State adduces that the accused were subsequently convicted and sentenced to “50 years of prison for the assassination of two persons found at the clandestine cemetery of Pocoxom.” 31 According to the State, the judgment was upheld in 2000. 44. In addition, the State indicated that criminal proceedings were initiated against Messrs. Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomas Vino Alvarado, Pablo Ruiz Alvarado, Bonifacio Cuxum López, and Lucas Lajuj Alvarado; and that the file was forwarded to the Criminal Court for Drug-trafficking and Crimes against the Environment, on July 14, 2003. 45. The State also indicated that in keeping with the Report from the Public Ministry, it was established that the Army officer mentioned in the incident attributed to the accused who are named, is the now Colonel José Antonio Solares González. The State indicates that an arrest warrant was issued for Colonel José Antonio Solares on April 15, 2003, for the crime of murder (asesinato). The State adduces that as part of the investigation, and to secure Mr. Solares González’s arrest, searches and checks have been carried out, with negative results; he adds that information has been requested from different institutions to determine his whereabouts. 46. The State indicates that in the instant case, the petitioners accuse the State of violating the victims’ rights for not having executed the order to apprehend Colonel José Antonio Solares. In this respect, it notes, according to the information received from the judicial entities and the Public Ministry, the arrest warrant is pending execution. 47. Based on what has been indicated by the State, on several occasions efforts have been made to execute the arrest warrant, but it has been impossible due to the fact that Mr. Solares González has not been found at the time and place the operation is carried out. 48. The State asks the Commission to find the case inadmissible for the time being, considering that according to information received by the judicial bodies in charge of imparting justice, the arrest warrant for Mr. Solares is still pending execution, and the proceeding is still open. 29 30 31 See State’s brief of July 10, 2006. See State’s brief of July 10, 2006. See State’s brief of July 10, 2006. 8