Department, Cobán, returned a judgment in which it convicted 14 soldiers,142 including the officer in charge of
the patrol, as the material authors of the extrajudicial execution of the 11 deceased people.143
93.
Those individuals were also convicted of inflicting grievous bodily harm on the following
persons: Pascual José Pascual, Santiago Maquin Quip, Rosendo Morales Ortiz, Víctor Carrillo Morales, Ricardo
Pop Caal, Juana Felipe Vásquez, Santos Choc Max, Rosendo Sales Ortiz, Rolando Hernández Maldonado,
Aurelio Hernández Morales, Josefa Mendoza Aguilar, Carmen Caal Saqui, Micaela Pascual Juan, Mateo Pedro,
Martín Quip Mucu, Andrés Maldonado, Francisco Hernández, Jacinta Maton Raymundo, Natividad Sales
Calmo, Efraín Grave Morente, Eliseo Hernández Morales, Santiago Cajbon, Alan Medina y Marcos Joloma Yat
y/o Marcos Colomna Yat, Tomás Grave Morente, Pedro Daniel Carrillo López, and Andrés Maldonado Sales.144
94.
Based on the foregoing, the court sentenced those individuals to incommutable terms of 40
years in prison less time served since their arrest.145
95.
The judgment noted the following in relation to the victims:
It may be surmised that they were all members of the same community of returnees who
had previously been victims of the country's internal violence and, as a result, were once
again trying to find their place in the country's society; as regards the crime's motive, it may
be deduced [that] … the underlying cause of the events was the initial fear felt by the
community's inhabitants upon seeing the entrance of the military patrol, the same fear that
provoked reactions in the community's inhabitants that then caused the members of the
state security forces to shoot at them and, in the confusion, at their own number, with the
result that the extent and intensity of the harm caused was great, resulting, as it did, in the
deaths of several people and injuries to others.146
96.
In July 2004, the convicted men's defense filed appeals.147 On December 22, 2004, the Court
of Appeals in Cobán issued a judgment confirming the decision at first instance.148 The defense challenged
that judgment by filing appeals for cassation.149
97.
The State reported that on May 9, 2005, the Supreme Court of Justice decided to reject the
appeals for cassation presented on behalf of the convicted men Héctor May, Marcos Can, Pablo Poou, Carlos
Cuc, Ambrosio Cojoc.150 It added that on September 23, 2005, the Supreme Court of Justice declared
142 Camilo Lacán Chaclán, Manuel Morán, Agustín Choc, Florencio Juc, Elías Coc, Héctor May, Marcos Can, Ambrosio Max, Carlos
Cuc, Pablo Poou, Ricardo Chub Pop, Eleazar Tox, Francisco Tzul, and Ricardo Chub Cholom.
143 Annex 29. Judgment of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental Crimes of the
Department of Alta Verapaz, Coban, July 8, 2004. Enclosed with the State’s communication of June 7, 2005.
144 Annex 29. Judgment Judgment of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental Crimes of
the Department of Alta Verapaz, Coban, July 8, 2004. Enclosed with the State’s communication of June 7, 2005.
145 Annex 29. Judgment Judgment of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental Crimes of
the Department of Alta Verapaz, Coban, July 8, 2004. Enclosed with the State’s communication of June 7, 2005.
146 Annex 29. Judgment Judgment of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental Crimes of
the Department of Alta Verapaz, Coban, July 8, 2004. Enclosed with the State’s communication of June 7, 2005.
147 Annex 30. Judgment Appeals lodged by defense attorney Julio Roberto Contreras Quinteros on July 30, 2004; by defense
attorney Elpidio Coy Ibarra on July 30, 2004, and by defense attorney Mario Salvador Jiménez Barillas on July 28, 2004. Enclosed with the
State's communication of June 7, 2005.
148 Annex 31. Judgment of the Regional Mixed Division of the Court of Appeals of Cobán on special appeal No. 108-2004,
December 22, 2004. Enclosed with the State's communication of June 7, 2005.
149 Annex 32. Appeals for cassation lodged by defense attorney Mario Salvador Jiménez Barillas on January 11, 2005; by
defense attorney Julio Roberto Contreras Quinteros on February 17, 2005, and by defense attorney Elpidio Coy Ibarra on January 11,
2005. Enclosed with the State’s communication of June 7, 2005.
150 Annex 33. Judgment of May 9, 2005, of the Supreme Court of Justice, Criminal Chamber, on joint appeals for cassation 92005, 11-2005, and 16-2005. Enclosed with the State’s communication of June 7, 2005.
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