37
1
Irregularities concerning evidence
76(23) On July 3, 1993, the survivors of the events handed an empty cartridge
case, and a bullet head they had found in the microbus in which Jorge Carpio Nicolle
was traveling, to Military Base No. 20, posted in El Quiché. Nevertheless, these
elements were not sent to the Identification Unit of the National Police Directorate
General.
76(24) On July 4, 1993, the police searched the site of the facts and found three
bullet heads and one cloth backpack with clothes and nine rounds of assorted caliber.
All of this was sent to the Identification Unit of the National Police Directorate
General. In official communication No. 394 of August 13, 1993, Police Commissioner
Alejandro García Mejía provided information on this evidence and forwarded it to the
magistrate of Chichicastenango; but it was never incorporated into the case file.
76(25) On July 7, 1993, an expert evaluation was carried out on the nine rounds
and three bullet heads of assorted caliber found near the site of the facts. On
October 17, 1995, copies of the original official communications had to be sent,
because the original report on this expert evaluation had been lost.
76(26) Oscar Abel García Arroyo, ballistics expert, examined the firearm
confiscated from Juan Acabal Patzán and concluded that this weapon was the one
that had fired the rounds that produced the empty cartridges found at the site of the
facts. On May 25, 1994, this expert sent his evaluation report to the Fifth Criminal
Court of First Instance, and testified on it before the judicial authority on April 22,
1997. However, the weapon confiscated from Juan Acabal Patzán was taken out of
Guatemala without any authorization or judicial order. In this way, the chain of
custody of this evidence was broken.28
76(27) The autopsies carried out on the corpses of Jorge Carpio Nicolle, Juan
Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas González
were mislaid for about a year.
76(28) On July 7, 1993, the National Police spokesman, Darwin de León Palencia,
had a car accident when traveling to San Pedro de Chichicastenango, during which
various elements collected from the site of the facts were lost. The spokesman
indicated that, when he entered the hospital, he handed the evidence to the agent
on duty, asking the latter to deliver it to the National Police General Directorate;
however, the evidence was never recovered. Mr. de León Palencia stated that the
accident was due to a failure in the braking system.29
76(29) On January 19, 1994, the office of the judicial agency where the Carpio
Nicolle case file was supposedly kept – the Santa Cruz de El Quiché Registry – was
set on fire; remains of Molotov cocktails were found among the ashes. The file
appears to have been mislaid for ten days.
76(30) In January 1994, at Guatemala’s request, the Ballistics Department of the
Attorney General’s office (Procuraduría General de Justicia) of Mexico, D.F.,
28
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece V).
29
Cf. complaint filed by the prosecutor, Abraham Méndez García, on February 8, 1995, before the
United Nations Verification Commission for Guatemala (file with appendixes to the application, appendix
10, tome I, vol. 2, folio 643).