in the community. The petitioners note that this massacre was directed by an officer with the last names Sánchez Ochoa. 20 According to the petitioners, Dorotea Lajuj López, Julián Sic López, and Eusebio Sic survived this massacre. 33. The petitioners allege that these atrocious acts committed against the community and population of Río Negro detail the undeniable way in which much of its population was persecuted and eliminated, “which cannot be seen as anything other than the harshest thing a defenseless human being can experience against all the power deposited in the authorities of the government in place and which the Guatemalan State, for over 25 years, has kept quiet and tried to cover up with a veil of impunity.” 21 34. The petitioners report that much of the territory where the community of Río Negro was located was flooded by the construction of the Chixoy dam. They explain that at this time very few inhabitants remain in the community, due to the repression and persecution they suffered; approximately seven families live in the area of the community, while other members of the community live in the community of Pacux. 22 35. As regards the exhaustion of domestic remedies, the petitioners indicate that in 1993, a complaint was lodged regarding the massacre alleged to have occurred on March 13, 1982, before the Criminal Court for Drug-trafficking and Environmental Crimes of First Instance of the department of Baja Verapaz, which was recorded as case No. 722-93. According to the petitioners, in the wake of this complaint there was a conviction of Messrs. Carlos Chen, Pedro González, and Fermín Lajuj Xitumul, chiefs of the former Civil Defense Patrols, for the deaths of two women identified among the more than 143 skeletal remains of human beings that have been exhumed from the massacre of persons from the community of Río Negro, carried out on March 13, 1982, at the cerro Pocoxom. According to the petitioners, the judgment against the three persons mentioned became firm in 2000. In addition, they indicate that the investigation into Col. José Antonio Solares and 10 former patrol members of the Civil Defense Patrols remained open. 36. According to the petitioners, in the investigation process, after fully identifying Mr. José Antonio Solares and having heard a witness who is a former patrol member of the Civil Defense groups, the Public Ministry, in April 2003, requested the apprehension of Col. José Antonio Solares for the crime of assassination. 23 With respect to the 10 patrol members, the petitioners indicate that six are currently in prison and four are fugitives. 24 37. As for the arrest of Mr. José Antonio Solares, the petitioners consider that the State does not have the political will to enforce the arrest warrant; to the contrary, they consider that he is being protected by the Guatemalan State. In this respect they adduce that Mr. Solares receives a monthly retirement pension that the State itself deposits into his bank account, through the Ministry of Defense. In addition, they note that Mr. Solares must annually present his Notarial certificate of survival to the Instituto de Previsión Militar (Military Social Security Institute) in order for his pension to be deposited to his account. 25 20 Petitioners’ brief of April 16, 2007, pp. 10 and 11. In the communication of April 16, 2007, the petitioners attached a list of 53 alleged victims massacred on different dates as a result of persecution against the Community of Río Negro. 22 The petitioners indicate that they refer to the community of Pacux “situated on the edge of the municipality of Rabinal, where victims and victimizers of the armed conflict live together, and where two or three families per house live in overcrowded conditions on a plot of 15 meters by 30 meters.” See petitioners’ brief of July 19, 2005, p. 7. 23 Criminal proceeding identified by number 28-2003. See petitioners’ brief of April 16, 2007, p. 12. 24 According to the petitioners, the names of the persons apprehended are as follows: Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomas Vino Alvarado, Bonifacio Cuxum López, Lucas Lajuj Alvarado. See petitioners’ brief of May 7, 2007, pp. 12 and 13. 25 In this respect, the petitioners indicate that they attach the following documents: (a) Notarial act of survival of December 15, 2004; (b) Notarial act of survival of December 26, 2005; (c) Photocopy of the activity of savings account No. 7611001684 in the name of José Antonio Solares, January 2005 to January 2006; (d) Official note of June 4, 2004, signed by the third officer of the Civilian National Police, Alfredo Rolando Caballeros, which, according to the petitioners, indicates that Mr. José Antonio Solares is hiding in his residence. According to the petitioners, this shows the lack of political will on the part of the Guatemalan State to enforce the arrest warrant. 21 6