49
anthropological analyses carried out. 170 Fourth, the case was presented to the Inter-American
Commission on December 13, 2007, which issued its Merits Report on April 2, 2014. 171 Thus, for
almost seven years the state authorities were repeatedly alerted by said body about the
occurrence of the facts. However, the steps taken to ascertain the whereabouts of the victims
were almost non-existent (infra para. 220, 221, 227, 235, 237 and 238), which is an additional
indication of what happened to them.
153. Certainly, the disappearance of the 22 alleged victims was not an isolated act, but part of
a practice of forced disappearance of persons carried out mainly by agents of the State security
forces during the period of the internal armed conflict (supra para. 79).
154. In view of the foregoing, the Court concludes that the 22 alleged victims were deprived of
their liberty by members of the State security forces in the context of the internal armed conflict,
and that the last that was heard of them was that they were under State custody; thereafter,
their whereabouts are unknown. The Court finds that the subsequent actions by the authorities
and State agents show a refusal to acknowledge the aforementioned deprivations of liberty, and
to provide information on the fate or whereabouts of said persons, with the aim of generating
uncertainty about their life or death. The context of the facts of the case support this conclusion.
155. Therefore, the Court considers that the State is responsible for the forced disappearance
of: 1. Hugo García Depaz, 2. Abraham Alvarado Tecú (or Agapito Alvarado Depáz), 3. Manuel de
Jesús Alarcón Morente, and 4. Edmundo or Raymundo Alarcón Morente. Their disappearance
continued until 2008, when they were identified by means of a forensic anthropological report,
and after the issuance of said report, the whereabouts of the four persons became definitively
known (supra paras. 99 and 100). In this sense, it is possible to conclude that their
disappearance lasted for approximately 26 years.
156. In addition, the State is responsible for the forced disappearance of: 5. Pedro Siana; 6.
Juan Pérez Sic; 7. Lorenzo Depaz Siprian (or Lorenzo Depaz Ciprian or Florencio Depaz Cipriano);
8. Leonardo Cahuec Gonzalés; 9. Juan Mendoza Alvarado; 10. José Cruz Mendoza Sucup; 11.
María Conception Chen Sic; 12. Casimiro Siana; 13. Cruz Pérez Ampérez; 14. Gorgonio
González; 15. Jorge Galeano Román; 16. Eustaquio lxtecoc González (or Eustaquio Yxtecoc
González); 17. Rafael Depaz Tecú; 18. Enrique Mendoza Sis; 19. Gabino Román Yvoy (or Iboy
or Ivoy); 20. Dionicio or Dionisio Vachan or Bachán; 21. Marcelo Sic Chen, and 22. Adrián García
Manuel. In this regard, the whereabouts of all these individuals still remain unknown, more than
32 to 35 years after the disappearances began, despite the various complaints that have been
brought to the attention of the State at different times.
157. Therefore, the Court concludes that in the instant case a total of 22 persons were victims
of forced disappearance. In 2008, the whereabouts of four of these victims were established,
but to date, the whereabouts of 18 victims remain unknown. However, it is not appropriate to
conclude the forced disappearance of a total of 59 persons who were alleged as victims of said
violation, considering that the work of exhumation and identification of the remains of 31 persons
has yet to be completed (supra para. 147).
B.2. Violations of Articles 7, 5(1), 5(2), 4(1) and 3 of the American Convention
170
On October 21, 2004 the FAFG submitted to the District Prosecutor of the Salamá Public Prosecution Service of Baja
Verapaz, the final report of the Forensic Anthropological Investigation carried out in Xeabaj. Also, on December 22,
2014, the FAFG submitted to the Public Prosecution Service an Expert Report of the Forensic Anthropological
Investigation carried out in the San Francisco Cemetery, in the hamlet of Chuateguá. The victims included the following
individuals: Cruz Amperez Sis (sic), Gorgonio Gonzalez Gonzalez (sic), Gabino Román Iboy, Eustaquio Ixtecoc and Rafael
Depaz. Cf. FAFG Report of the Forensic Anthropological Investigation of October 6, 2004 (evidence file, folios 1601 and
1606), and FAFG Report of June 5, 2014 (evidence file, folios 9247 to 9276).
171
Among the victims mentioned in the Merits Report were Juan Pérez Sic, Casimiro Siana, Jorge Galeano Román,
Enrique Mendoza Sis, Manuel Alarcón Morente and Raymundo Alarcón Morente.