people taken to Cerro Pacoxom. On arriving there, a soldier took her brother, who she had
been carrying on her back, from her. She was then taken to a hillock where she was raped
by two soldiers and two patrollers. On returning, she found that her grandmother, who had
been taken to Cerro Pacoxom with her, had been murdered. After this, she was taken to
Xococ, where she was again raped by a patroller in the market there.100
78.
On reaching Cerro Pacoxom, the patrollers and soldiers dug a mass grave and
proceeded to kill the Río Negro people present. They strangled or hung several using poles
or rope, and they killed the others with machetes or shot them. They killed the babies and
the children with machetes, grabbing them by the feet or the hair and throwing them
against rocks or trees until they died; they also assembled them in small groups to shoot
them all together. The bodies from the massacre were thrown into a nearby ravine or into a
mass grave that the patrollers and soldiers had dug, which they subsequently covered with
rocks and branches.101
79.
In addition, during the massacre, the patrollers and soldiers selected 17 children
from the Río Negro community to take back to the village of Xococ.102 According to the
State’s acknowledgement of responsibility and clarifications made by the representatives
(supra paras. 17(d) and 12), those children were: Agustín Chen Osorio, Celestina Uscap
Ivoy, Cruz Pérez Osorio, Froilan Uscap Ivoy, Jesús Tecú Osorio, José Osorio Osorio, Juan
Chen Chen, Juan Chen Osorio, Juan Pérez Osorio, Juan Uscap Ivoy, Juana Chen Osorio,
María Eustaquia Uscap Ivoy, Pedro Sic Sánchez, Silveria Lajuj Tum, Tomasa Osorio Chen,
to the submission of the case, tome III, folio 1774); “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); testimony of Carmen Sánchez Chen (file of annexes to the submission
of the case, tome I, folios 527 and 528), and testimony of José Osorio Sic (file of annexes to the submission of the
case, tome I, folio 538).
100
Cf. Judgment of May 28, 2008, Case No. 28-2003-OF (file of annexes to the submission of the case, tome
II, Annex 16, folio 616). This judgment cites the testimony of María Eustaquia Uscap Ivoy. See also the testimony
of María Eustaquia Uscap Ivoy provided by affidavit (merits file, tome II, folio 1007).
101
Cf. testimony provided by affidavit by María Eustaquia Uscap Ivoy (merits file, tome II, folios 1006 and
1007); testimony provided by affidavit by Bruna Pérez Osorio (merits file, tome II, folios 1014 and 1015);
Judgment of November 30, 1998, Criminal proceedings No. 001-98-1 (file of annexes to the submission of the
case, tome I, folios 587 to 588 and 607 to 608); 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, 899, 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 and 485); 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, folios 559 and 560), 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, “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, folios 572 to 575); “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 1774); testimony of
Carmen Sánchez Chen (file of annexes to the submission of the case, tome I, folios 527 and 528), and testimony of
José Osorio Sic (file of annexes to the submission of the case, tome I, folio 538).
102
Jesús Tecú Osorio, who was 10 years old on the day of the events, stated that he was chosen by one of
the patrollers to return to Xococ to live with him; he was therefore separated from the children who were
massacred. However, when the slaughter had ended, the patroller realized that Jesús Tecú Osorio had his brother
Jaime Tecú Osorio, aged 3 years at the time, with him. Even though Jesús tried to apologize and negotiate for his
brother’s life, the said patroller pulled his brother from his arms, placed a noose around the child’s neck, dragged
him kicking to a stream, and battered his head against the stones. Cf. Testimony given during the public hearing
by Jesús Tecú Osorio. See also the judgment of May 28, 2008, Case No. 28-2003-OF (file of annexes to the
submission of the case, tome II, folios 765 to 766), 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 12403
and 12404).
34