12
of the nine persons who had been tortured and executed by members of the Guatemalan Army and allied
23
forces on November 26, 1982, identifying Eustaquio Ixtecoc and Francisco de Paz ; in addition, it was
indicated that in the other clandestine cemetery one would find the remains of alleged victims Gorgonio
González González, Rosa González Tecú, Enriqueta Tecú, Luciano Alvarado, Héctor Alvarado García,
Adela (Delia) Alvarado García, and Lucía Xitumul. On August 6, 1997, the Human Rights Ombudsman
filed a complaint with the District Office of the Public Prosecutor’s Office of Salamá, Baja Verapaz,
alleging the existence of said clandestine cemeteries, indicating that one would likely find the remains of
Gorgonio González González, Rosa González Tecú, and Enriqueta Tecú in those cemeteries. The
judicial record notes that from July 7 to 11, 2004, due to this and other reports, an exhumation was
performed at the place indicated, and six bony remains were found, among which were identified the
bony remains of Rosa González Tecú, Enriqueta Tecú, Adela Florentina Alvarado García, Luciano
24
Alvarado Xitumul, and Lucía Xitumul Ixpancoc. It does not appear in the record before the IACHR that
any further investigative steps were taken.
Proceeding 802-95: On May 30, 1995, complaint number 802-95 was filed before the District
Office of the Public Prosecutor’s Office of Salamá, Baja Verapaz, alleging the existence of a clandestine
cemetery located in the Rabinal cemetery, in which one would likely find the remains of alleged victims
25
Mateo Grave, Efraín García De Paz, and Juan Alvarado Grave. It appears in the record that an
amended complaint was presented alleging that the remains of others would be found in said cemetery.
There is no record that the exhumation was done or that the persons responsible were convicted and the
proceeding concluded.
Proceeding MP 247/2006/648: On June 13, 2006, before the District Office of the Public
Prosecutor’s Office of Rabinal, a complaint was filed regarding the extrajudicial execution of alleged
26
victims Adrián García Manuel, Hugo García Depaz, and Abraham Alvarado Tecú. It appears in the
record that from that from October 10 to 15, 2006, bony remains were exhumed and the bony remains of
four persons were found, one set of which were those of Adrián García Manuel (the rest were not
27
identified). Nothing in the case record indicates that the competent authorities took any measures to
identify and punish those responsible for the facts.
Proceeding 811-95: On July 12, 1995, as an amendment to a complaint filed on May 30, 1995 –
and on the basis of which case 811-95 was initiated – the forced disappearances of the alleged victims
Juan Mendoza Alvarado, José Cruz Mendoza Sucup, Lorenzo De Paz Ciprian and Leonardo Cahuec
González were reported to the District Office of the Office of the Prosecutor of Salamá, Baja Verapaz.
According to the record, only three witness statements were incorporated into the procedure, and it was
archived for failure to name the person accused.
23
In the complaint it is established that in the cemetery of San Francisco of the village of Xeabaj “the objects with which
the nine residents who [on November 26, 1982] were taken from the place were tortured were found, among them … Eustaquio
Ixtecoc [and] Francisco de Paz, who to date it is assumed are in that clandestine cemetery.” In keeping with what was indicated by
the petitioners and given that the facts are not controverted by the State, it is possible to assume that the other seven persons
referred to in the complaint are Jorge Galeano Román, Rafael Depáz Tecú, Enrique Mendoza Sis, Juan Pérez Sic, Gabino Román
Iboy, Cruz Amperes Sis, and Dionisio Bachan (alleged victims).
24
Forensic Anthropology Research Report Xeabaj, Rabinal, Baja Verapaz, presented by the Fundación de Antropología
Forense de Guatemala, on October 6, 2004; Report of delivery of bony remains already identified, signed September 22, 2005, in
the Exhumations Agency of the municipality of Salamá, Baja Verapaz.
25
In this proceeding facts were also reported related to other alleged victims and that were heard in judicial proceeding
1,085-95: Eusebia and José León Grave García, Gregoria Valey Ixtecoc, and Silvestre Sic Xitumul.
26
Previously, on May 9, 1995, a complaint had been lodged with the Office of the Human Rights Ombudsman in Baja
Verapaz related to the extrajudicial execution of Adrián García Manuel and the alleged forced disappearances of Hugo García
Depaz and Abraham Alvarado Tecú.
27
Rabinal.
Report of the National Civilian Police presented October 19, 2006 before the Office of the Municipal Prosecutor of