72
next of kin indicated the places where these persons were buried. Likewise, the remains of Elías
Milián González were handed over to his daughter, Tarcila Milián, by the assistant prosecutor of
the Municipal Prosecutor's Office of Rabinal on April 18, 2012, 278 10 months after they had already
been exhumed and identified, 279 without the reason for the delay being apparent from the case
file. Moreover, despite the fact that in April 2006 Miguel Chen Tahuico told the Public Prosecutor's
Office of Rabinal that he could not bury his son in a legal cemetery due to the “intense
persecution” he suffered, and that he also indicated where he buried him and requested his
exhumation, there is no record that this request has been attended to. 280 Based on all the above,
it is clear that the exhumations were carried out in response to the requests and complaints made
by relatives of the victims, and that the State’s initiative in the search and identification of victims
has been minimal.
236. In this regard, the Court recalls that the passage of time has a directly proportionate
relationship to the limitation – and, in some cases, the impossibility – of obtaining evidence or
Prosecution Service the existence of clandestine cemeteries, requested the exhumation of the bodies and mentioned the
names of the persons allegedly responsible. Cf. Statement of Juana García Depaz of June 9, 1995 (evidence file, folios
1263 and 1264).
These complaints were reiterated six years later before the District Prosecutor’s Office of Salamá, in July of 2001, when
the exhumation of the bodies was again requested. Cf. Statement of Juana García Depaz of July 26, 2001 (evidence file,
folios 1893 to 1895); statement of Francisco Sic Chen of July 26, 2001 (evidence file, folios 1896 and 1897), and
statement of Máxima Emiliana García Valey of July 26, 2001 (evidence file, folios 1898 and 1899).
Similarly, in August 1995, Víctor Castulo Alvarado Sucup and Rosario Román Tum requested the Departmental
Prosecutor’s Office of Salamáto order the exhumation of the bodies buried in clandestine graves located in Xeabaj. Cf.
Statement of Víctor Castulo Alvarado Sucup of August 11, 1995 (evidence file, folios 1883 and 1884), and statement of
Rosario Román Tum of August 11, 1995 (evidence file, folios 1885 and 1886).
However, they also had to reiterate this request in May 2000 and February 2002, i.e. five and seven years later, before
the District Prosecutor’s Office of the Public Prosecution Service of Salamá. On this last occasion they also requested
that the Prosecutor's Office appoint experts for the analysis of the bodies and to request the National Police to provide
custody during the exhumation. Cf. Statement of Víctor Castulo Alvarado Sucup of May 9, 2000 (evidence file, folio
1890); Statement of Rosario Román Tum of May 9, 2000 (evidence file, folio 1888), and written statement submitted
by Víctor Castulo Alvarado Sucup and Rosario Román Tum to the Public Prosecutor of the District Prosecutor's Office of
Baja Verapaz on February 14, 2002 (evidence file, folios 1913 to 1915).
In January 1997 and July 2001, María Concepción García Depaz requested the exhumation of her son, indicating the
place where he was buried. Cf. Complaint filed by María Concepción García Depaz on January 17, 1997 (evidence file,
folios 1862 and 1863); statement of María Concepción García Depaz of July 27, 2001 (evidence file, folios 1902 and
1903). Likewise, in July 2001 and September 2003, Tarcila Milián Morales pointed out the place where her father and
sister were buried, and requested their exhumation. Cf. Statement of Tarcila Milián Morales of July 27, 2001 (evidence
file, folios 1900 and 1901), and statement of Tarcila Milián Morales of September 24, 2003 (evidence file, folios 11783
and 11784). However, an exhumation to search for the relatives of María Concepción García Depaz and Tarcila Milián
Morales was not ordered until February of 2007. Cf. Order of the Criminal Court of First Instance for Drug-related Activity
and Environmental Crimes of Baja Verapaz of February 22, 2007 (evidence file, folios 11827 and 11828). The father of
Mrs. Milián was identified in 2011 (supra para. 107). Cf. FAFG Report of June 27, 2011 (evidence file, folios 11910 to
11931).
Finally, it was verified that in July 1997 and May 2003, Francisca González Tecú requested the exhumation of her relatives
in a clandestine cemetery in the hamlet of Xeabaj; however, this exhumation did not take place until June 2004. Cf.
Complaint filed by Francisca González Tecú on July 28, 1997 (evidence file, folios 9138 and 9139); statement of Francisca
González Tecú and Clementina Bachan Cahuec of May 8, 2003, before the assistant prosecutor of the Public Prosecutor’s
Office of Salamá (evidence file, folios 9142 and 9143), and FAFG Report of October 6, 2004 (evidence file, folios 1594,
1640 and 1641).
Cf. Record of delivery of the remains by the assistant prosecutor of the Municipal Prosecutor's Office of Rabinal
(evidence file, folios 11949 and 11950).
279
Cf. Report of the FAFG of June 27, 2011 (evidence file, folios 11910 to 11931).
280
He stated that from January 8, 1982, the Army “began an intense persecution against the civilian population of the
community of Chichupac,” so he was forced to leave the village and flee to the mountains to live there “with [his] wife
and [their] four young sons.” He stated that in March 1983 “[his] son Antonio Chen Mendoza died of fever, diarrhea and
hunger” and they had to “bury him on [their] own property since the persecution by the Army was constant, [and] they
could not bury him in a legal cemetery.” Therefore, he requested an investigation of the facts and the exhumation of the
remains of his son. Cf. Complaint filed by Miguel Chen Tahuico of April 7, 2006 (evidence file, folios 1555 to 1556).
278