35
147. On December 2, 1997, Miguel Sic Osorio, Fabiana Chen Galiego and Teresa Cacaj Cahuec
filed a brief with the Criminal Court of First Instance in which they recounted the events that transpired
on January 8, 1982 and named some of the soldiers who had allegedly participated in those events. 218
They also asked to be named as plaintiffs in the case.219
148. They filed their request a second time on December 5, 1997.220 Processing of the case
was suspended “until the Public Prosecution Service transmitted the file on the investigation.”221 On
January 29, 1998, the three family members sent a brief to the Criminal Judge of First Instance for DrugRelated Activity and Crimes against the Environment, and reported that the case file would be with the
Rabinal Justice of the Peace; they requested that the file be ordered so that the investigation might
continue; they also asked to be named as associated plaintiffs.222
149. On February 17, 1998, the District Attorney asked the Rabinal Justice of the Peace to
provide “the file containing the investigative measures and any evidence he might have in his possession
in connection with the massacre in the village of Chichupac.”223 In reply, the Justice of the Peace
indicated that the file was referred to the Court of First Instance on June 14, 1993.”224
150. On March 30, 1999, the Criminal Court of First Instance for Drug-related Activity and
Crimes against the Environment accepted the request filed, thus agreeing to provisionally designate
them as associated plaintiffs; it also explained that the delay in the court’s decision was due to the fact
that “the case file was misplaced.”225 On April 27, 1999, the three family members confirmed their
request to be named plaintiffs in the case.226
151. On June 11, 1999, the three family members petitioned the District Attorney’s Office,
requesting that it ask the Ministry of National Defense to provide the names of the commanding officers
218
Annex 7. Statement by Miguel Sic, Fabiana Chen and Teresa Cacaj, dated December 2, 1997. Certification of Case
File No. 001-2005-95839, pp. 186-194. Annex 1 of the petitioners’ communication of December 13, 2007.
219
Annex 7. Statement by Miguel Sic, Fabiana Chen and Teresa Cacaj, dated December 2, 1997. Certification of Case
File No. 001-2005-95839, pp. 186-194. Annex 1 of the petitioners’ communication of December 13, 2007.
220
Annex 7. Memorandum from attorney Fernando López, dated July 12, 2001. Certification of Case File No. 0012005-95839, pp. 125-127. Annex 1 of the petitioners’ communication of December 13, 2007.
221
Annex 7. Brief addressed to the Court, dated January 29, 1998. Certification of Case File No. 001-2005-95839.
Annex 1 of the petitioners’ communication of December 13, 2007.
222
Annex 7. Brief addressed to the Court, dated January 29, 1998. Certification of Case File No. 001-2005-95839.
Annex 1 of the petitioners’ communication of December 13, 2007.
223
Annex 9. Memorandum from District Attorney José Castro, dated February 17, 1998. Judicial case No. 255-93, p.
187. Annex 2 of the petitioners’ communication of December 13, 2007.
224
Annex 9. Memorandum from the Acting Justice of the Peace, dated February 19, 1998. Judicial case No. 255-93, p.
188. Annex 2 of the petitioners’ communication of December 13, 2007.
225
Annex 9. Order from the Criminal Court of First Instance for Drug-related Activity and Crimes against the
Environment, dated March 30, 1999. Judicial case No. 255-93, pp. 169-170. Annex 2 of the petitioners’ communication of
December 13, 2007.
226
Annex 9. Statement by Teresa Cacaj Cahuec to the Public Prosecution Service, dated April 27, 1999. Judicial case
No. 255-93, pp. 168-170. Annex 2 of the petitioners’ communication of December 13, 2007; Annex 9. Statement by Miguel Sic
Isorio to the Public Prosecution Service, dated April 27, 1999. Judicial case No. 255-93, p. 171. Annex 2 of the petitioners’
communication of December 13, 2007; Annex 9. Statement by Fabiana Chen to the Public Prosecution Service, dated April 27,
1999. Judicial case No. 255-93, p. 172. Annex 2 of the petitioners’ communication of December 13, 2007.