First Instance Judge for Crime, Drug-trafficking and Offenses against the Environment of Rabinal, Baja Verapaz.129 91. In addition, on March 27, 2003, Carlos Chen Osorio, a survivor of the Xococ massacre, appeared before the District Prosecutor of Salamá, Baja Verapaz, to testify on the facts that took place in this community.130 The Court has no information on subsequent actions in the context of this investigation. c. Massacres of Río Negro (Pacoxom) and Agua Fría c.1. Principal measures taken 92. On August 11, 1993, Jesús Tecú Osorio and Francisco Chen Osorio filed a request before the First Instance Court of Salamá, Baja Verapaz (hereinafter “First Instance Court”), for an exhumation to be performed in the village of Río Negro (Pacoxom).131 They ratified this request on August 13, 1993, and, consequently, that same day the said Court opened the preliminary investigation and notified the Public Prosecution Service, requesting information on the former patrollers indicted, Carlos Chen, Pedro González, Tomás Gómez Gónzalez and Pedro González Gómez.132 93. On May 25, 1994, the Departmental Assistant Ombudsman of Guatemala (hereinafter “the Departmental Assistant Ombudsman”) filed before the First Instance Judge a “complaint concerning a clandestine cemetery” in Agua Fría and asked, inter alia, that the Public Prosecution Office be notified, that an order be issued to exhume the mortal remains there, to investigate the facts, and that a warrant be issued for the capture of those responsible.133 This led, in turn, to a complaint filed before the Departmental Assistant Ombudsman by Victor Mendoza Sic on May 20, 1994, concerning the existence of the said clandestine cemetery.134 This complaint was subsequently ratified by Mr. Mendoza Sic before the First Instance Court on June 10, 1994.135 The Departmental Assistant Ombudsman’s complaint was admitted by the First Instance Judge on May 26, 1994, who therefore ordered, among other matters, the notification of the Public Prosecution Service, and the judicial inspection of the place where the clandestine cemetery was located.136 129 Cf. communications of March 11, 2002, addressed to the Public Prosecution Service of Baja Verapaz and the Justice of Peace of Baja Verapaz by the FAFG (file of annexes to the submission of the case, tome III, folios 1777 and 1778). 130 Cf. Statement made by Carlos Chen Osorio on March 27, 2003, in the District Prosecutor’s Office of Salamá, Baja Verapaz (file of annexes to the submission of the case, tome IV, folio 1954). 131 Cf. brief filed by Jesús Tecú Osorio and Francisco Chen Osorio before the First Instance Court on August 11, 1993 (file of attachments to the final written arguments of the State, folios 28669 to 28670). 132 Cf. record of the ratification by Jesús Tecú Osorio and Francisco Chen Osorio before the First Instance Judge on August 13, 1993, and decision of the First Instance Judge of August 13, 1993 (file of annexes to the submission of the case, folios 28671 to 28678). 133 Cf. complaint filed by the Departmental Assistant Ombudsman of Guatemala on May 25, 1994 (file of attachments to the final written arguments of the State, folios 28978 to 28981). 134 Cf. complaint filed by the Departmental Assistant Ombudsman of Guatemala on May 25, 1994 (file of attachments to the final written arguments of the State, folio 28978). 135 Cf. ratification of the complaint filed by Víctor Mendoza Sic ante the First Instance Court of June 10, 1994 (file of attachments to the final written arguments of the State, folios 28986 to 28990). 136 Cf. decision of the First Instance Judge of May 26, 1994 (file of attachments to the final written arguments of the State, folio 28983). 41

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