56
d)
In 1992, there was a guerrilla group called the Organization of the
People in Arms (ORPA) in Guatemala, which operated on four fronts, one of which
was the Luis Ixmatá Front, commanded by Efraín Bámaca Velásquez, known as
Everardo66.
e)
On February 15, 1992, the Quetzal Task Force, established by the
Army to combat the guerrilla in the southwestern zone of the country, began its
activities.
Its command post was initially at the Santa Ana Berlín military
detachment, in Coatepeque, Quetzaltenango. Other military zones, such as Military
Zone No. 18 in San Marcos also collaborated with it67.
f)
It was the Army's practice to capture guerrillas and keep them in
clandestine confinement in order to obtain information that was useful for the Army,
through physical and mental torture. These guerrillas were frequently transferred
from one military detachment to another and, following several months of this
situation, were used as guides to determine where the guerrilla were active and to
identify individuals who were fighting with the guerrilla. Many of those detained
were then executed, which completed the figure of forced disappearance68.
g)
At the time of the facts of this case, various former guerrillas were
collaborating with the Army, and providing it with useful information69. They
65
Cf. Declaration and registration of marriage in Travis County, Texas, United States of America of
June 22, 1993, Annex 19; judgment of May 23, 1996, delivered by the Second Trial Court of San Marcos,
as a court of amparo, Annex 20; official record of the interview with Jennifer Harbury of November 3,
1994, in the Public Ministry, Annex 47; Human Rights Watch/Americas, Disappeared in Guatemala: The
Case of Efraín Bámaca Velásquez, March 1995, Annex 51; testimony of Jennifer Harbury given to the
Court on June 16, 1998; and Report of the Commission for Historical Clarification, Tome VII.
66
Cf. Testimonies of Santiago Cabrera López before the Office of the Guatemalan Prosecutor
General and before the Inter-American Commission, Annexes 2 and 3; final oral argument of the State
during the public hearing held at the seat of the Court on June 16, 17 and 18, 1998; testimony of
Santiago Cabrera López, given to the Court on June 16, 1998; testimony of Otoniel de la Roca Mendoza,
given to the Court on October 15, 1998; testimony of Mario Ernesto Sosa Orellana, given to the Court on
November 22, 1998; testimony of Efraín Aguirre Loarca, given to the Court on November 23, 1998;
testimony of Julio Alberto Soto Bilbao, given to the Court on November 23, 1998; Report of the
Commission for Historical Clarification, Tome II; and REMHI Report, Tome III.
67
Cf. Testimonies of Santiago Cabrera López before the Office of the Guatemalan Prosecutor
General and before the Inter-American Commission, Annexes 2 and 3; testimony of Nery Ángel Urízar
García, before the special prosecutor, Julio Eduardo Arango Escobar, in the Public Ministry on May 20,
1995, Annex 10; Final report of the Ombudsman on the special pre-trial investigation procedure,
December 9, 1994, Annex 16; statement sworn before a Notary on the testimony of Otoniel de la Roca
Mendoza; testimony of Santiago Cabrera López given to the Court on June 16, 1998; expert testimony of
Helen Mack given to the Court on June 18, 1998; testimony of Otoniel de la Roca Mendoza, given to the
Court on October 15, 1998; testimony of Mario Ernesto Sosa Orellana, given to the Court on November
22, 1998; testimony of Simeón Cum Chutá, given to the Court on November 23, 1998; testimony of Julio
Alberto Soto Bilbao, given to the Court on November 23, 1998; REMHI Report, Tome II; and Report of the
Commission for Historical Clarification, Tome VII.
68
Cf. Testimonies of Santiago Cabrera López before the Inter-American Commission on Human
Rights and before the Office of the Guatemalan Prosecutor General, Annexes 1 and 2; Human Rights
Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca Velásquez, March 1995, Annex
51; statement sworn before a Notary with the testimony of Pedro Tartón Jutzuy “Arnulfo” of February 23,
1998; statement sworn before a Notary with the testimony of Otoniel de la Roca Mendoza “Bayardo” of
February 24, 1998; testimony of Santiago Cabrera López, given to the Court on June 16, 1998; testimony
of Otoniel de la Roca Mendoza, given to the Court on October 15, 1998; REMHI Report, Tome II; and
Report of the Commission for Historical Clarification, Tome II.
69
Cf. Testimony of Santiago Cabrera López before the Inter-American Commission, Annex 3;
testimony of Nery Ángel Urízar García before the special prosecutor, Julio Eduardo Arango Escobar, in the
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