33
had it declared unfounded, so that the case was reactivated. Despite this, none of
the officers were convicted.
A proceeding was underway in the Retalhuleu departmental court, to discover the
whereabouts of Bámaca Velásquez, which was “more or less filed”. One of the steps
he took was to try and have Jennifer Harbury included as an accuser in the
proceeding, because the Public Ministry “had requested her separation, as she was a
foreigner”; however, the tribunals rejected his petition.
During the investigation of the case, Nery Ángel Urízar García, a member of “military
intelligence”, came forward spontaneously, and described the capture of Bámaca
Velásquez. Urízar told him that, once Bámaca Velásquez had been identified, the
body of Cristóbal Che Pérez, a member of the Army and a friend of Urízar was
brought to the city of Mazatenango; “they had disfigured his face [and] dressed him
in the green uniform”, to pass him off as Bámaca Velásquez.
Urízar said that Pérez had “a deformity in his right hand which was very apparent”,
and this appeared in the autopsy performed on the corpse that had supposedly been
removed from the site of the encounter and then buried as XX. This document was
in the Forensic Department and had been incorporated into the proceeding before
the Retalhuleu tribunals. He then explained that the autopsy performed in Retalhuleu
contained a description of a corpse that did not correspond in any way to the
characteristics of Bámaca Velásquez.
He interviewed Santiago Cabrera in Washington D.C., and the latter described the
military detachments where he had seen Bámaca Velásquez, where and how he had
been tortured, and the occasion “when they put him in a helicopter and nothing more
was ever heard about him.”
He obtained a document from the US State Department, which said that the body of
Bámaca Velásquez was buried in the Las Cabañas detachment. With this information,
he went there to conduct an exhumation. On the second day of his visit to this
detachment, he encountered a great many people, who manifested against his
presence there. Despite this, preparations for the procedure continued. However,
the following day, they met Julio Cintrón Gálvez, Leopoldo Guerra and Julio
Contreras, lawyers for the Army, who told them that they could not conduct the
exhumation owing to the objection filed against him, because of the presence of
Jennifer Harbury and because Ramiro de León Carpio, the President of Guatemala,
“had decided that the Bámaca [Velásquez] Case should be transferred to the
Commission for Historical Clarification”. They also questioned the presence in the
procedure of members of the United Nations mission in Guatemala.
He obtained an authorization from the Tecún Umán court to conduct the procedure.
The following day, they began excavating, but the Prosecutor General informed him
that only one day's work was authorized. In view of the impossibility of conducting
the exhumation in one day, he decided to suspend the procedure.
At the third attempt to conduct the exhumation, he found that an appeal against the
exhumation order, filed by the Army's lawyers, had been admitted, and he
challenged it. On July 20, 1995, he was separated from the investigation. This was
due to his refusal to lessen its intensity. He added that he was annoyed because
“instead of supporting [him], the prosecutors requested that [he] should be
separated [...] from the case.”