33
forensic physician.207 The exhumation report, presented on July 7, 1993, stated that the task of
gathering and examining the skeletal remains was very difficult, since “most of the bones were detached
(and) no ante mortem data were available for a number of the individuals.” The report stated that sever
persons were identified: Patrocinio Chen; Agustín Juárez; Pedro Gallego; Domingo Cahuec; Victor
Juárez; Cruz Sic and Andrea Osorio.208 They added that at least 31 individuals were buried in the
clandestine graves. The evidence found suggested that “the victims died violent deaths, as shown by
the ropes still tied to their necks, their hands tied behind backs, shots fired to finish victims off, fractures
in different parts of the body (…) in some of the skeletal remains.”209
141. On May 7, 1993, the Criminal Court of First Instance for Drug-related Activity and Crimes
against the Environment asked the commander of the Military Reserves for the names of the persons
serving as military commissioners and their assistants in the municipality of Rabinal in 1982 and whether
they had been detailed to any mission on January 8 of that year.210 In his reply, the commander said
that “there were no military commissioners in that village in 1982 because that area had been taken
over as a base of terrorist operations (…) thus (…) he could not provide the name of any commission in
operation as of January 8, 1982.”211
142. On June 3, 1993, the Criminal Court of First Instance indicated that the case file “has not
been located” and therefore asked the Office of the President of the Judicial Branch to “kindly order that
a person be sent to the general archives of the courts to assist in locating the case file.”212
143. On August 10, 1993, the Criminal Court of First instance received from the departmental
coroner various objects associated with the skeletal remains found in the graves.213 It is worth noting
here that three military registrations and one credential of military reservists were also found.
144. On September 2, 1996, the Human Rights Ombudsman presented a report on the events
that occurred in the village of Chichupac, and on the events that occurred in the village of Río Negro on
March 13, 1982, and at the place known as Plan de Sánchez on July 18, 1982.214 He maintained that:
207
Annex 9. Record by the Office of the Rabinal Justice of the Peace on the exhumation of bodies in a clandestine
gravesite. Judicial case No. 255-93, pp. 96-107. Annex 2 of the petitioners’ communication of December 13, 2007.
208
Annex 7. Report on the Documentation of the Victims of the Chichupac Massacre, Municipality of Rabinal,
department of Baja Verapaz. Certification of Case File No. 001-2005-95839, p. 34. Annex 1 of the petitioners’ communication
of December 13, 2007.
209
Annex 7. Report on the Documentation of the Victims of the Chichupac Massacre, Municipality of Rabinal,
department of Baja Verapaz. Certification of Case File No. 001-2005-95839, p. 34. Annex 1 of the petitioners’ communication
of December 13, 2007.
210
Annex 7. Order from the Judge of First Instance, dated May 10, 1993. Certification of Case File No. 001-200595839, p. 262. Annex 1 of the petitioners’ communication of December 13, 2007.
211
Annex 7. Memorandum No. G2-34-93/hng from the Commandant of the José Barrera Departmental Military
Reserves, dated May 9, 1993. Certification of Case File No. 001-2005-95839, p. 261. Annex 1 of the petitioners’ communication
of December 13, 2007.
212
Annex 7. Order from the Criminal Court of First Instance for Drug-related Activity and Crimes against the
Environment, June 3, 1993. Certification of Case File No. 001-2005-95839. Annex 1 of the petitioners’ communication of
December 13, 2007.
213
Annex 7. Memorandum from the departmental coroner, René Sánchez, dated August 10, 1993. Certification of
Case File No. 001-2005-95839, pp. 147-150. Annex 1 of the petitioners’ communication of December 13, 2007.