94. On June 14, 1994, the First Instance Court ordered the arrest of Carlos Chen Gómez, Tomas Gómez González, Pedro González Gómez and Fermín Lajuj Xitumul for the crime of murder based on the acts perpetrated during the Pacoxom massacre.137 The said individuals, with the exception of Tomas Gómez González, appeared voluntarily before the said Court on July 25, 1994,138 following which they were formally arrested.139 95. On October 19, 1994, during the criminal proceedings relating to the Agua Fría massacre, the Departmental Assistant Ombudsman asked the Special Prosecutor of the Public Prosecution Service of the department of Baja Verapaz to investigate former patrollers Pedro Gónzalez Gómez, Carlos Chen and Fermín Lajuj Xitumul, indicted in the file of the Pacoxom massacre (supra para. 94), for their presumed responsibility also in the Agua Fría massacre.140 96. On February 17, 1995, the Public Prosecution Service asked the First Instance Court to joinder the cases of the Río Negro and Agua Fría massacres,141 and the request was granted on February 20, 1995.142 On March 6, 1995, the First Instance Court for Crime, Drugtrafficking and Offenses against the Environment of Baja Verapaz (hereinafter “the Baja Verapaz First Instance Criminal Court”) issued the order to indict the three above-mentioned accused.143 Approximately one year later, on March 20, 1996, the Public Prosecution Service filed the indictment for the crime of murder, among others, for the acts that took place during both massacres, and asked the Baja Verapaz First Instance Criminal Court to begin the trial.144 The said Court decreed the opening of the trial on May 9, 1996.145 97. On November 30, 1998, the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of Baja Verapaz (hereinafter “the Baja Verapaz Sentencing Court”) delivered judgment convicting Fermín Lajuj Xitumul, Carlos Chen and Pedro Gónzalez Gómez, and declared them responsible for the crime of murder committed against Martha Julia Chen Osorio, Margarita Chen Uscap and Demetria Osorio Lajuj, victims of the Cerro Pacoxom massacre. However, it absolved them of responsibility for participating in the Agua Fría massacre, since it had been impossible to identify the remains 137 Cf. decision of the First Instance Court of June 14, 1994 (file of attachments to the final written arguments of the State, folio 28758). 138 Cf. record of the First Instance Court of July 25, 1994 (file of attachments to the final written arguments of the State, folio 28763). 139 Cf. communication of the First Instance Court of July 25, 1994 (file of attachments to the final written arguments of the State, folio 28790). 140 Cf. request of the Departmental Assistant Ombudsman of October 19, 1993 (file of attachments to the final written arguments of the State, folios 1075 and 1076). 141 Cf. brief of the Public Prosecution Service addressed to the First Instance Court of February 17, 1995 (file of annexes to the submission of the case, tome III, folios 1169 to 1174). 142 Cf. decision of the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment of Baja Verapaz of February 20, 1995 (file of annexes to the submission of the case, tome III, folios 1175 to 1178). 143 Cf. indictment decision issued by the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment of Baja Verapaz on March 7, 1995 (file of attachments to the final written arguments of the State, folio 29063 to 29065). 144 Cf. brief of the Public Prosecution Service addressed to the First Instance Court on March 20, 1996 (file of attachments to the final written arguments of the State, folios 29353 to 29361). 145 Cf. decision of the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment of Baja Verapaz of May 9, 1996 (file of attachments to the final written arguments of the State, folios 29390 to 29394). 42