70
Court notes that on December 5, 1997, 264 and January 29, 1998, 265 Miguel Sic Osorio, Fabiana
Chen Galiego and Teresa Cacaj Cahuec made a request to the Court of First Instance to join the
proceedings as plaintiffs. However, it was not until March 1999, that is, more than one year after
the initial request that this matter was resolved, due to the fact that File No. 255-93, related to
the exhumation of 1993, had been lost. 266 In this regard, the Court considers that the delay of
more than one year in resolving the request to join the proceedings violated the right of the next
of kin to participate in the proceedings. This Court also considers that the “misplacement” of File
No. 255-93 Of. 4 denotes per se a lack of due diligence in the investigation.
B.1.1.3. Obstruction
231. Finally, this Court has pointed out that the State authorities are obliged to collaborate in
obtaining evidence to achieve the objectives of an investigation and refrain from acts that obstruct
its progress. 267 In this regard, the Court found that, in response to the request of the judge of the
Criminal Court of First Instance of May 7, 1993 268 for the names of the persons who served as
military commissioners and assistant commissioners in the municipality of Rabinal in 1982, as
well as information on whether they had been assigned to any mission on January 8 of that year,
the Commander of Military Reserves replied on May 9, 1993, that “there were no military
commissioners in that village in 1982 because the area had been taken over as a base for terrorist
operations [,…] thus […]no commission could have been appointed on January 8, 1982.” 269 As
noted previously, according to the CEH, the Army regarded the municipality of Rabinal as a
strategic area during the internal armed conflict, and between 1981 and 1983 the military or
paramilitary groups killed at least 20% of the local population (supra para. 84). In addition, it
was members of the Guatemalan Army assigned to the Rabinal military post, judicial police and
military commissioners who perpetrated the massacre at the clinic in the village of Chichupac on
January 8, 1982 (supra paras. 89 and 90). Thus, the denial of the existence of military
commissioners in the area in 1982, and of the presence and participation of military personnel in
operations, was a clear attempt to conceal the names of the persons possibly responsible for the
massacre.
B.1.1.4. Conclusion regarding File No. 001-2005-95839
232. From the foregoing it is clear that in the context of the investigation of the massacre of
January 8, 1982, the State committed a series of failures of due diligence and at least one
obstruction, which prevented the effective investigation, prosecution and eventual punishment of
those responsible.
B.1.2. Files opened in relation to events that occurred before and after the massacre
of January 8, 1982
233. Based on an evaluation of the nine files opened in relation to the events that occurred before
and after the massacre of January 8, 1982, the Court has verified the following.
Cf. Brief filed on December 5, 1997, by Miguel Sic, Fabiana Chen and Teresa Cacaj to join the proceedings as
plaintiffs (evidence file, folios 636 to 645). From this point, the documents indicate that it is File No. 916-97 Of. 4, but
all is included within the certification of File No. 001-2005-95839. Thereafter, it appears File 255-93 Of. 4, the case was
again identified with this number.
265
Cf. Brief filed by Miguel Sic, Fabiana Chen and Teresa Cacaj on January 29, 1998 (evidence file, folios 632 and 633).
266
Cf. Ruling of the Judge of First Instance for Drug-related Activity and Environmental Crimes of Baja Verapaz of
March 30, 1999 and Certification of File No. 001-2005-95839 (evidence file, folios 619 and 620), and official letter of the
Judge of First Instance dated June 18, 1998 (evidence file, folio 627).
267
Cf. Case of García Prieto et al. v. El Salvador. Preliminary objections, merits, reparations and costs. Judgment of
November 20, 2007. Series C No. 168, para. 112, and Case of the Rio Negro Massacres v. Guatemala, para. 209.
268
Cf. Official letter from the Judge of First Instance of May 7, 1993 (evidence file, folio 712).
269
Cf. Official letter of the Commander of the Departmental Military Reserves May 9, 1993 (evidence file, folio 711).
264