men, but also children and women,92 some of them pregnant.93 However, only two people returned to Río Negro.94 75. Finally, on the afternoon of Sunday, February 14, 1982, Teodora Chen escaped from her captors and walked all night to Río Negro, arriving the following morning to report what had happened in Xococ. She suggested that the members of the community should hide; accordingly, several of them left their homes and went to live in the surrounding hills.95 That day, soldiers and the Xococ patrollers came to Río Negro asking in each house for the men, who they accused of having joined the guerrillas. According to the testimony of Francisco Chen Osorio in the case file, “the patrollers and soldiers told the women [that] if the men [did] not appear, within a month [they would be eliminated].”96 92 The Inter-American Commission alleged that 93 members of the Río Negro community were murdered on February 13, 1982, in the village of Xococ. However, they only individualized 91 of them, 6 of whom were presumably minors at the time. Cf. brief submitting the case (merits file, tome I, folios 30 and 61). The Court observes that the representatives sent a list of 80 persons, 12 of them minors, presumably massacred in Xococ. Cf. “Annex i. List of victims of the Xococ massacre” (file of attachments to the pleadings and motions brief, tome XXIII, folio 13747), and “List of persons massacred on February 13, 1982” (file of attachments to the representatives’ final arguments, folios 26134 to 26144). At the same time, the Court observes that, according to the CEH Report, 74 members of the Río Negro community (55 men and 19 women) were murdered in Xococ. Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the Community of Río Negro.” In addition, Teodora Chen, a witness of the events in Xococ indicated that, on February 13, 1982, 70 to 80 people Río Negro went to the said village. Cf. testimony of Teodora Chen (file of annexes to the submission of the case, tome I, folios 518 to 519). This is consistent with the testimony given by Carmen Sánchez Chen, Denese Joy Burck and Jesús Tecú Osorio, who stated, respectively, that approximately 73 people had gone to Xococ on that occasion. Ms. Burck indicated that “most [of these people] were men,” and Mr. Tecú Osorio indicated that there were 55 men and 18 women. Cf. testimony of Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folios 525 to 526); “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 “testimony of Jesús Tecú Osorio of February 1995. Criminal Proceedings 001-98-1. Attached to the petitioners’ brief received on May 7, 2007” (file of annexes to the submission of the case, tome I, folio 571). In addition, the Court observes that, as part of the investigations in to the facts of this case, the Guatemalan Forensic Anthropology Foundation (FAFG) established, based on testimony it collected, that 73 people, including seven women had been victims of the events of February 13, 1982, in Xococ. The FAFG individualized 68 of these people. Cf. “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, folios 1788 to 1790). 93 Cf. testimony of Teodora Chen (file of annexes to the submission of the case, tome I, folio 521), and testimony of Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 483). 94 Cf. testimony of Teodora Chen (file of annexes to the submission of the case, tome I, folios 518 to 524); testimony of Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 484); testimony of Jerónimo Osorio Chen (file of annexes to the submission of the case, tome I, folio 504); testimony of Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folio 526); testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 558), and testimony provided by affidavit by María Osorio Chen (merits file, tome II, folios 996 to 1001). 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); “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 1788), 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 12392). 95 Cf. testimony of Teodora Chen (file of annexes to the submission of the case, tome I, folios 521 and 522; testimony of Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folio 526); testimony of José Osorio Sic (file of annexes to the submission of the case, tome I, folio 537), and testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folios 558 and 559). See also, the “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 1773), and “Testimony of Jesús Tecú Osorio of February 1995. Criminal Proceedings 00198-1. Attached to the petitioners’ brief received on May 7, 2007” (file of annexes to the submission of the case, tome I, folio 572). 96 Testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folios 558 and 559), and testimony of Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folio 526). 32

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