74
reported on May 8, 2003, in File No. M.P. 247-1997-1378. 291 Furthermore, the Court has no
information on the actions taken to find Pedro Siana, Casimiro Siana, Juan Pérez Sic, María
Concepción Chen Sic, Marcelo Sic Chen, Jorge Galeano Román and Enrique Mendoza Sis, all
victims of forced disappearance (supra paras. 148, 156 and 160). The Court considers that this
continues to increase the uncertainty of the next of kin regarding the whereabouts of the victims,
which affects their right to know what happened to them.
239. Fifth, the preliminary procedures aimed at identifying those responsible in relation to File
No. 802-95 Of. 6 before the District Prosecutor of the Public Prosecution Service of Salamá took
place in February 2010, that is, 15 years after the filing of the complaints of executions,
disappearances, arbitrary detention, forced labor, as well as rape that appear in the case file. 292
Likewise, the ten persons investigated by the Public Prosecutor’s Office as of that date belonged
to the PAC, and there is no record that any member of the Guatemalan Army has been
investigated, 293 despite the fact that the complaints also indicated their participation. 294 In
addition, the statement of only one of the persons investigated was taken, 295 two of them died
and there is no record of additional inquiries aimed at locating the others. 296 On July 17 and
October 4, 2013, the assistant prosecutor of the District Prosecutor's Office informed COPREDEH
that the proceedings “were in the investigation phase.” 297 There is no record in the evidence
before this Court of any subsequent action. This point will also be addressed in section B.2 below.
240. Sixth, the Court observes that in File M.P. 247-2006-441, in which the disappearance of the
relatives of Juana García Depaz was reported 298 on July 18, 2013, the assistant prosecutor asked
the judge of the Criminal Court of First Instance to take her statement as preliminary evidence,
and that it be considered “as a final statement which [possibly] could not be repeated in the
proceedings due to the advanced age” of Mrs. García. 299 However, there is no record in the case
file as to whether the judge complied with this request. Also, in March 2015, that is, almost two
years later, the assistant prosecutor sent an official letter to the Director of the Migratory Control
Cf. Statement of Clementina Bachan Cahuec of May 8, 2003 (evidence file, folios 9142 and 9143).
On May 9, 1995, Juana García Depaz filed a complaint before the Departmental Assistant of the Human Rights
Ombudsman regarding the existence of clandestine cemeteries located in the village of Chichupac. On May 31, 1995,
the Departmental Assistant of the Human Rights Ombudsman brought the complaint to the attention of the District
Prosecutor of the Public Prosecutor's Office of Salamá. In addition, on June 9, 1995, Mrs. Garcia gave a statement to the
District Prosecutor's Office. On June 20, 1995, Máxima Emiliana García Valey and Francisco Sic Chen filed a new
complaint before the Departmental Assistant of the Human Rights Ombudsman regarding the existence of clandestine
cemeteries in the aforementioned village. On July 12, 1995, the Departmental Assistant brought the complaint to the
attention of the District Prosecutor's Office. Cf. Complaint of Juana García Depaz filed on May 9, 1995 (evidence file,
folios 1290 and 1291); statement of Juana García Depaz of June 9, 1995 (evidence file, folios 1263 and 1264), and
complaints regarding clandestine cemeteries filed by the Departmental Assistant to the Human Rights Ombudsman of
May 31 and July 12, 1995 (evidence file, folios 1574 to 1577, and 1259 to 1261).
293
In response to a request dated January 20, 2010, on February 16, 2010, the assistant prosecutor of the District
Prosecutor's Office of the Public Prosecution Service of Salamá sent COPREDEH a report on the content and progress of
case numbers 247/1995/802 (or 802-95 Of. 6), 247/1995/1995, and 247/1995/1085 processed before it. That same
day, the assistant prosecutor requested the Chief of the National Civil Police to order “the investigators in his charge [to
initiate...] the corresponding investigation in order to identify” ten alleged members of the PAC who were responsible
“for having committed violent acts at that time.” Cf. Official letter of COPREDEH of January 21, 2010 (evidence file, folio
9011), and official letter of the assistant prosecutor of the Public Prosecution Service of Salamá dated February 16, 2010
(evidence file, folios 8969 to 8970 and 8981 to 8987).
294
Cf. Complaint of Juana García Depaz of May 9, 1995 (evidence file, folios 1290 and 1291); Complaint of Máxima
Emiliana García Valey and Francisco Sic Chen filed on June 20, 1995 (evidence file, folio 1574 to 1577); statement of
Juana García Depaz of June 9, 1995 (evidence file, folios 1263 and 1264), and statement of Juana García Depaz of
February 8, 2010 (evidence file, folios 9003 to 9005).
295
Cf. Statement of March 8, 2010 (evidence file, folios 8988 to 8992).
296
Cf. Official letter of the Deputy Inspector of the PNC, Head of the Investigation Team of Office 52 of Salamá, of
December 22, 2014 (evidence file, folios 8976 to 8977).
297
Cf. Official letter of the assistant prosecutor of the District Prosecutor’s Office of Salamá of December 22, 2014
(evidence file, folios 9126 and 9127), and official letter of the assistant prosecutor of the Public Prosecution Service of
Salamá, dated December 22, 2014, (evidence file, folios 9132 to 9135).
298
Cf. Complaint MP247/2006/648 of Juana García Depaz of June 13, 2006, (evidence file, folios 1404 and 1405).
299
Cf. Brief of the assistant prosecutor of the Municipal Prosecutor’s Office of Rabinal of July 18, 2013 (evidence file,
folios 11757 to 11760).
291
292