E.
Massacre of March 13, 1982, on Cerro Pacoxom
76.
A month later, around 6 a.m. of March 13, 1982, members of the Guatemalan Army
and patrollers from the village of Xococ came to the village of Río Negro97 carrying weapons,
spades, pickaxes, ropes, wire and machetes. They went from house to house asking for the
men, but most of them were not there because they spent the nights in the hills for safety.
Amid accusations that the absence of the men was an indication that they were guerrillas,
they demanded that the women, including those who were pregnant, the elderly and the
children leave their houses, supposedly to take part in a meeting. They then sacked the
village.98
77.
The patrollers and soldiers then forced the villagers, mainly women, some of them
tied by the neck or the hands, to walk uphill for approximately three kilometers without
water or food to a place known as “Cerro Pacoxom.” On the way, the soldiers and patrollers
insulted, pushed, struck and flogged them (even the pregnant women) with branches and
clubs, killing some who were unable to continue. They also forced the women to dance,
according to them, as they would with the guerrillas. Some of the girls and women were
separated from the group and raped; the case file indicates that at least one of them was
pregnant.99 María Eustaquia Uscap Ivoy, a minor at the time of the incident, was one of the
97
The CEH Report indicated that “12 members of the Army [came to] the village of Xococ accompanied by
15 patrollers.” Cf. 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, “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 573). In his testimony, Mr. Tecú Osorio indicated that “around 25
armed men in total [came]; about 15 patrollers (with M-1 weapons that the Army used in the 1970s) and 10
soldiers (with Galil machine guns).”
98
Cf. affidavit provided by Bruna Pérez Osorio (merits file, tome II, folio 992); affidavit provided by Bruna
María Osorio Chen (merits file, tome II, folio 996); Judgment of November 30, 1998, Criminal proceedings No.
001-98-1, (file of annexes to the submission of the case, tome I, folios 587 and 588); Judgment of May 28, 2008,
Cases No. 28-2003-OF (file of annexes to the submission of the case, tome II, folios 739 to 743, 761 to 767, 775
to 778, 785 to 789, 800 to 805, 813 to 817, 831 to 836, 839 to 842, 852 to 857, 859 to 861, 869 to 871, 875 to
878, 882 to 884, 893 to 894, 906 to 907 and 930 to 933); testimony of Antonia Osorio Sánchez (file of annexes to
the submission of the case, tome I, folios 484 to 485); testimony of Jerónimo Osorio Chen (file of annexes to the
submission of the case, tome I, folio 504); testimony of Teodora Chen (file of annexes to the submission of the
case, tome I, folio 522); testimony of Juana Chen Osorio (file of annexes to the submission of the case, tome I,
folio 531); testimony of José Osorio Sic (file of annexes to the submission of the case, tome I, folios 537 to 538);
testimony of Francisco Chen Osorio (file of annexes to the submission of the case, tome I, folio 559), 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, “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); “Testimony of Jesús
Tecú Osorio of February 1995. Criminal proceedings 001-98-1. Attachment to the petitioners’ brief received on May
7, 2007” (file of annexes to the submission of the case, tome I, folio 573), and Memoria de las Masacres de Río
Negro: Recuerdo de mis padres y memoria para mis hijos, supra (file of annexes to the submission of the case,
tome XX, folios 12398 to 12400).
99
Cf. testimony provided by affidavit by María Eustaquia Uscap Ivoy (merits file, tome II, folio 1007);
testimony provided by affidavit by Bruna Pérez Osorio (merits file, tome II, folio 1014); Judgment of November 30,
1998, Criminal proceedings No. 001-98-1 (file of annexes to the submission of the case, tome I, folios 587 and
588; Judgment of May 28, 2008, Case No. 28-2003-OF (file of annexes to the submission of the case, tome II,
folios 739 to 743, 761 to 767, 775 to 778, 785 to 789, 800 to 805, 813 to 817, 831 to 836, 839 to 842, 852 to
857, 859 to 861, 869 to 871, 875 to 878, 882 to 884, 893 to 894, 906 to 907, and 930 to 933); testimony of
Antonia Osorio Sánchez (file of annexes to the submission of the case, tome I, folio 484); testimony of Teodora
Chen (file of annexes to the submission of the case, tome I, folios 522 to 523); testimony of Juana Chen Osorio
(file of annexes to the submission of the case, tome I, folio 532); testimony of Francisco Chen Osorio (file of
annexes to the submission of the case, tome I, folio 559), 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,
la “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
33