38
They made another exhumation attempt in Las Cabañas with “the new prosecutor”
who had been assigned to the case, but when the order was given to initiate the
excavations, they were prevented from continuing by the appearance of an Army
officer who ordered the procedure to be halted, “because something [...] in the
documents was considered not in order”. The following day, the prosecutor obtained
other documents from the judge and, once again, the Army's lawyers found that the
requirements had not been fulfilled, so that they could not continue. The prosecutor
who accompanied them was Shilvia Jerez, who died, riddled with bullets, in 1998.
Two members of his organization, Andrés Kauffman and Federico Reyes López, were
threatened and this was denounced before the corresponding authorities at the
appropriate time.
Subsequently, these threats caused the Inter-American
Commission to grant him precautionary measures.
He is not a URNG sympathizer.
g.
Testimony of Patricia Davis, US lawyer, former member of the
Guatemalan Human Rights Commission
She accompanied Jennifer Harbury to an exhumation in Retalhuleu on August 17,
1993, as an international human rights observer and witness. She arrived in
Guatemala on July 24 that year in order to help Harbury with the various procedures
and, at the same time, seek support for the principle that war prisoners should
receive humane treatment and be kept in places to which the public has access.
At that time, Harbury told her that she feared that the publicity surrounding the
search for her husband and the preparations for the exhumation could result in the
death of Bámaca Velásquez, should he still be detained. Even so, she still hoped to
see him again alive.
During the week preceding the exhumation, she accompanied Harbury to the
Magistrate in order to organize the procedure. She also had the opportunity to
review the case file about the finding of a body in the Ixcucua River, which
corresponded to the description of the body that Ramiro de León Carpio gave in a
letter he sent to the URNG, except for the fact that the body did not have any scars.
She also examined the report of the original autopsy performed 24 hours after the
facts and confirmed that the report had information that did not correspond to the
description in the previous document.
She was surprised to find these reports because, as Harbury had told her, when the
URNG requested documentation about the body, it was told that there was none.
The report contained information on the fingerprints and the conclusion that death
had been due to strangling.
The environment was tense during the exhumation in Retalhuleu on August 17,
1993. The day before the procedure, she noted that they were being followed and
that the forensic team was questioned by five policemen when it was outside the
Second Criminal Trial Court of Retalhuleu. The day of the exhumation, when they
were in the cemetery, a helicopter flew over the site every ten minutes exactly.
Also, there were at least two people among the photographers who were asked to
leave, because they were not carrying appropriate credentials. Furthermore, there
were a great many people around who they could not identify, and this made them