29
91. In 1993, the Guatemalan Forensic Anthropology Team (hereinafter “EAFG”) identified three
gravesites where skeletal remains, clothing, personal items and firearm bullet casings were
exhumed. According to the forensic analysis carried out, the remains of at least 30 individuals
were found. Of these, at least 20 were buried in sites I and III, and in site II, 10 complete
skeletons were found. The following six people were identified: Domingo Cahuec Sic, Víctor
Juárez Pangán, Cruz Sic Cuxum, Patrocinio Chen Galiego, Agustín Juárez Ixpancoc and Pedro
Galiego López. In its conclusions, the EAFG stated that: “laboratory analyses indicate that the
victims died violent deaths, as evidenced by the ropes still tied around their necks, hands tied
behind their backs, shots fired to ‘finish them off’, fractures in different parts of the body, etc.,
found on some of the skeletal remains”, and that “[t]he evidence suggests that site II was dug
several days after sites I and III, and in it were deposited corpses with signs of having been
partially exposed on the surface, and for this reason, in some cases it was possible to observe
marks caused by animal teeth.” 86 In conclusion, the findings of the EAFG in 1993 are consistent
with the account of the facts.
92. The 32 alleged victims of this massacre were: 87 Víctor Juárez Pangán or Víctor Juárez
Pancán; Clemente Juárez lxpancoc; Cruz Sic Cuxum or Cruz Sic Cuxún; Pedro Sic Jerónimo;
Gregorio Garniga Valey or Gregorio Valey; Timoteo Sic Cujá or Mateo Sic Cujá; Roberto Galiego
Chen; Antonio Alvarado González; Alfonso Cruz Juárez; Domingo Cahuec Sic or Domingo Cahuec
Sic; Santiago Alvarado Xitumul; Agustín Juárez lxpancoc; Teodoro González Xitumul; Eulogio
Morales Alvarado; Luciano González or Luciano González Sis; Apolinario Juárez Pérez; Alberto
Juárez Pérez; Evaristo Depaz Siana or Evaristo Siana; Pedro Tum or Pedro Pérez Ampérez;
Emigdio Siana lxtecoc or Emilio Siana lxtecoc; Pedro Galiego López; Demetrio Chen Alvarado;
Pedro Galiego Mendoza; Camilo Juárez Valey; Julián Garniga or Julián Garniga López; Benito
Juárez lxpancoc; Francisco Depaz; Maximiliano Sis Valey or Maximiliano Sis Valin; Vicente Sic
Osorio; Patrocinio Galiego or Patrocinio Chen Galiego or Patrocinio Chen Coaliego; Félix Alvarado
Xitumul, and Demetrio Cahuec or Demetrio Cahuec Jerónimo or José Demetrio Cahuec Jerónimo.
B.5. Rape of Máxima Emiliana García Valey on January 8, 1982
93. On January 8, 1982, while the meeting was taking place at the Chichupac village clinic,
Máxima Emiliana García Valey, aged 19, returned to her home to bring food and water to her
husband and mother-in-law. When she arrived at the house, she found a group of soldiers who
violently grabbed her and asked her where certain people lived whose names they had written
down on their hands; among these, was the name of “[her] stepfather[,] a son of [her]
stepfather and a son-in-law.” She replied that she did not know because “she was not was from
there.” Subsequently, one of the soldiers forced her to take off her clothes and “many soldiers”
raped her, one after another, leaving her so battered that she “could not walk” because her
“whole body ached.” When she returned to the clinic she did not say anything because she was
left speechless after what happened to her. At the time of these events, Máxima García was
between six and eight months pregnant. In the following months her son was born; he suffered
from health problems and convulsions from birth and died before he was four years old. 88
Inter-American Court by affidavit of April 20, 2016.
86
Cf. Record of exhumation of bodies, May 1993 (evidence file, folios 666 to 685); EAFG Report presented in July
1993 (evidence file, folios 511, 540 and 541), and official letters from the National Police of Salamá, Baja Verapaz dated
May 15 and 19, 1993 (evidence file, folios 690 to 692, 940 and 941).
87
According to the evidence and the arguments of the Commission and the representatives, not disputed by the State,
Félix Alvarado, included in the group of 32 men, did not survive the torture to which he was subjected and died on the
road. Cf. Statements of community members indicating that they knew about this event, and a further statement of a
person indicated having seen Félix Alvarado fall on the road, received in the context of the criminal investigation by the
assistant prosecutor assigned on April 27 and June 28, 1999, and August 16, 2005 (evidence file, folios 638, 1024 and
1218).
88
Cf. Statements of Máxima Emiliana García Valey received in the context of the criminal investigation by the assistant
prosecutor assigned on October 25, 2000, July 26, 2001 and July 12, 2005, and rendered by affidavit on December 12,
2014 (evidence file, folios 463 to 469, 750 to 751, 796 and 5714).