they did not return, and their naked bodies were found several days later in Purulha, Baja
Verapaz, with gunshot wounds.82
D.
Massacre of February 13, 1982, in the village of Xococ
70.
At the beginning of February 1982, a group of armed men set fire to the market in
the village of Xococ and killed five people. The Guatemalan Army attributed these facts to
the guerrilla and the community of Río Negro; consequently, the Xococ community declared
itself an enemy of the latter and broke off trading ties. The Army armed, trained and
organized the Xococ villagers into civil self-defense patrols that came into confrontation with
the community of Río Negro.83
71.
On February 6 or 7, 1982,84 on behalf of the Guatemalan Army, the Xococ patrollers
summoned several members of the community of Río Negro to come to their village. When
those who had been summoned arrived in Xococ, they were subjected to abuse and
accusations by the Xococ patrollers, who accused them of being guerrillas and of having set
fire to the market. The patrollers retained the identity cards of these people from Río Negro
and ordered them to return the following Saturday to recover the cards.85
72.
On February 13, 1982, several members of the Río Negro community returned to
Xococ to collect their identity cards.86 There, the “members of the Xococ Civil Self-Defense
82
Cf. testimony given by Jerónimo Osorio Chen on July 6, 2009 (file of annexes to the submission of the
case, tome I, folio 500); testimony given by Antonia Osorio Sánchez on June 24, 2009 (file of annexes to the
submission of the case, tome I, folio 482), and testimony given by Francisco Chen Osorio on July 1, 2009 (file of
annexes to the submission of the case, tome I, folio 556). The Court’s case file reveals that Valeriano Osorio Chen
died from a gunshot wound in the abdominal thorax, acute internal hemorrhage, lung and liver injuries. Cf. death
certificate (file of attachments to the pleadings and motions brief, tome XXVII, folio 16530). It can also be
observed from the case file that Evaristo Osorio died as the result of a gunshot wound to the head, rendering him
brain dead. Cf. death certificate (file of attachments to the pleadings and motions brief, tome XXVII, folio 16466).
83
Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10
“Massacre and Elimination of the Community of Río Negro”, and testimony given by Jerónimo Osorio Chen on July
6, 2009 (file of annexes to the submission of the case, tome I, folio 502 and 503). See also, Tecú Osorio, Jesús.
Memoria de las Masacres de Río Negro: Recuerdo de mis padres and memoria para mis hijos, Guatemala, 2002
(file of annexes to the submission of the case, tome XX, folios 12385 and 12386).
84
The probative documents in the case file differ as to whether the members of the Río Negro community
were summoned on Saturday 6 or Sunday 7 February, 1982. Cf. testimony of Jerónimo Osorio Chen (file of
annexes to the submission of the case, tome I, folios 502 to 503); testimony of José Osorio Sic (file of annexes to
the submission of the case, tome I, folio 536); testimony of Francisco Chen Osorio (file of annexes to the
submission of the case, tome I, folio 556); testimony of Fabián Chen Ivoy (file of annexes to the submission of the
case, tome I, folio 550), and Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative
Case No. 10 “Massacre and Elimination of the Community of Río Negro.” See also, Forensic anthropology appraisal
carried out in the village of Xococ,” attached to the petitioners’ brief received on March 1, 2010 (file of annexes to
the submission of the case, tome III, folio 1787), and Memoria de las Masacres de Río Negro: Recuerdo de mis
padres and memoria para mis hijos, supra (file of annexes to the submission of the case, tome XX, folio 12386).
85
Cf. testimony of Jerónimo Osorio Chen (file of annexes to the submission of the case, tome I, folios 502 to
503); testimony of José Osorio Sic (file of annexes to the submission of the case, tome I, folios 536 to 537);
testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folios 556 to 557);
testimony of Fabián Chen Ivoy (file of annexes to the submission of the case, tome I, folio 550); testimony of
Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folio 525); Report “Guatemala,
Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the
Community of Río Negro.” See also, “Statement made by Denese Joy Burck on March 19, 2001, at the office of the
Special Prosecutor of the Public Prosecution Service of Guatemala City, attached to the petitioners’ brief received
on May 7, 2007” (file of annexes to the submission of the case, tome III, folio 1772), and Memoria de las Masacres
de Río Negro: Recuerdo de mis padres and memoria para mis hijos, supra (file of annexes to the submission of the
case, tome XX, folios 12386 to 12387).
86
Cf. testimony of Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 483);
testimony of Jerónimo Osorio Chen (file of annexes to the submission of the case, tome I, folio 503); testimony of
Cornelio Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 508); testimony of Teodora
Chen (file of annexes to the submission of the case, tome I, folio 518); testimony of Carmen Sánchez Chen (file of
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