24 80. At around 6:00 p.m. two girls arrived at the community, and they were raped by two military instructors. On the following day, when the kaibiles left they took the two girls and raped them again, and subsequently slit their throats. Before they left six other families arrived at the community, and they were also shot. 81. On December 9, 1982, residents of the village of Las Cruces approached Las Dos Erres and found household utensils all over the place, animals on the loose, and saw blood, umbilical cords, and placentas on the ground, given that the cruelty displayed by the soldiers reached the point where they caused abortions to pregnant women by beating them or even jumping on their abdomen until the fetus came out miscarried. According to witnesses in the internal proceeding, Lieutenant Carías, leader of the military post of Las Cruces, informed the population that what had occurred in Las Dos Erres was that the guerrilla had taken the people to Mexico, and he then ordered his soldiers to take all they could from the community, utensils, animals, grains, and other, and to burn down the houses of Las Dos Erres. 82. It is in this context that the Las Dos Erres Massacre took place, within a State policy and pattern of grave human rights violations. According to the CEH “[i]n general, from the human rights violations and infringements of International Humanitarian Law committed derives an unavoidable responsibility of the State of Guatemala.”54 83. Subsequently, a peace process was initiated in Guatemala in 1990, which ended in 1996. During this period twelve agreements were signed, including the establishment of the Historical Clarification Commission, which began working in 1997. As inferred from the Law on National Reconciliation (hereinafter “LRN”), it is a product of the peace agreements. B) Criminal proceeding 84. In the period between March 9, 1987, when the State recognized the Court’s obligatory jurisdiction, and June 13, 1994, it is not known for a fact that the State adopted measures to clarify, investigate, judge, and eventually sanction the parties allegedly responsible for the events of the Las Dos Erres Massacre. 85. On June 14, 1994, FAMDEGUA filed a criminal complaint before the Criminal Court of First Instance for Criminal Matters, Drug-Trafficking, and Environmental Crimes of the department of Petén (hereinafter “Criminal Court of First Instance of Petén”), for the crime of murder against various individuals that were found buried in the community of Las Dos Erres. The judge was asked for the exhumation of the bodies found at this location.55 86. The exhumations began on July 4, 1994. After being suspended, they continued between May 8 and July 15, 1995. On July 29, 1995, there was a judicial representatives of September 11, 2009, file on preliminary objections, merits, and possible reparations and costs, Volume VI, f. 1159). Consequently, these two people are included among those who died during the massacre. On the other hand, the representatives also indicated that a “girl of unidentified age” died, granddaughter of Encarnación García Castillo, alleged victim of this case (Brief of the victims’ representatives of September 11, 2009, file on preliminary objections, merits, and possible reparations and costs, Volume VI, f. 1159). 54 CEH, Guatemala: Memory of Silence, supra note 6, Conclusions, para. 126. 55 Cf. Brief presented by Aura Elena Farfán before the Criminal Court of First Instance of Petén on July 14, 1994. (Appendixes to the application, judicial file, pieces 1 to 5, appendix 17, f. 2888).