that are geared to showing the delay that has occurred in criminal proceeding 28-2003 of the
Criminal Court for Drug-trafficking and Crimes against the Environment of Salamá, Baja Verapaz,
33
progress on which is reported in this report.
55. With respect to criminal proceeding No. 28-2003 of the Criminal Court for Drug-trafficking
and Crimes against the Environment of Salamá, Baja Verapaz, the State indicates that the
Constitutional Court was asked to provide information on the procedural posture of Case No.
2319-05, related to the appeal of a constitutional motion. In this respect, the State notes that
on March 21, 2007, a resolution was issued in Case No. 2319-2005 that affirms the operative
part of an order appealed, “that is to say, the appeal was rejected,” 34and on March 19, 2007,
according to the State, the record was returned to the competent judicial organ and the parties
were notified of the resolution. In addition, the State argues that “it appears from the
information provided by the Constitutional Court and by the petitioners that in effect, within
the criminal proceeding initiated by the petitioners, speedy process has not been favored.” 35
56. With respect to the persons not yet apprehended in criminal proceeding No. 28-2003
before the Criminal Court for Drug-trafficking and Crimes against the Environment, the State
indicates that six of the ten named accused have been apprehended.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence ratione personae, ratione temporis, ratione loci andratione
materiae of the Inter-American Commission
57. The petitioners are authorized by Article 44 of the American Convention to submit
complaints to the IACHR.
58. The petitioners individually identify the alleged victims as follows 36:
·
Persons from the Community of Río Negro massacred on February 13, 1982, in
the village of Xococ, municipality of Rabinal, department of Baja Verapaz
(1) Abelino Sanchez Chen; (2) Agustín Osorio Chen; (3) Agustín Osorio; (4) Agustín Osorio
Sanchez; (5) Alberto Lajuj Tum; (6) Andrés Chen Osorio; (7) Andrés Tun Sánchez; (8)
Alejandro Sanchez Chen; (9) Andrés Sanchez Ixpatá; (10) Antonio Chen; (11) Antonia Ismalej
Cuxum; (12) Balvino Uscap Ivoy; (13) Bernardino Uscap Chen; (14) Camila Chen Chen; (15)
Candelaria Mendoza; (16) Cayetano Osorio Chen; (17) Ciriaca Chen Chen; (18) Ciriaco López
Chen; (19) Ciriaco Sánchez Osorio; (20) Clemente Sanchez Osorio; (21) Crispín Tun Ivoy;
(22) Damacio Osorio Ixpatá; (23) Jesusa Ivoy Sanchez; (24) Dominga Ivoy Chen; (25)
Doroteo Osorio; (26) Domingo Osorio Sic; (27) Esteban Chen Tecú; (28) Esteban Osorio
Burrero; (29) Evaristo Alvarado; (30) Evaristo López Ixpatá; (31) Feliciano Chen Osorio; (32)
33
See State’s brief of August 14, 2007, pp. 3 and 4.
34 See State’s brief of August 14, 2007, p. 2.
35 See State’s brief of August 14, 2007, pp. 2 and 3.
36 On May 7 and 9, 2007, they submitted lists of alleged victims, which were forwarded to the State for its
observations on May 25, 2007. On December 5, 2007, the petitioners sent updated lists of alleged victims that differ in
some names with respect to those submitted on May 7 and 9, 2007. On December 7, 2007, the additional information
produced by the petitioners was sent to the State.The numbers of alleged victims in the record, according to the
information sent by the petitioners on December 5, 2007, are as follows:
(1) 89 persons from the village of Río Negro, massacred on February 13, 1982, in the village of Xococ, municipality of
Rabinal, Baja Verapaz;
(2) 190 persons from the village of Río Negro, massacred on March 13, 1982, municipality of Rabinal, Baja Verapaz;
(3) 17 child survivors of the massacre of March 13, 1982, in the village of Río Negro, enslaved by their victimizers in
the village of Xococ, Rabinal, Baja Verapaz;
(4) 57 persons from the village of Río Negro, massacred and disappeared on May 14, 1982, in the hamlet of Los
Encuentros, Rabinal, Baja Verapaz;
(5) 116 persons from the village of Río Negro, massacred on September 14, 1982, in the hamlet of Agua Fría,
municipality of Chicaman, department of El Quiché; and,
(6) 51 persons from the village of Río Negro, massacred on different dates, as a result of systematic persecution,
Rabinal, Baja Verapaz.
10