123. In addition, this Court observes that, although the Commission did not identify other
individuals presumably disappeared during the Los Encuentros massacre (supra para. 109)
even though the incident is mentioned in the Merits Report in this case, the representatives
submitted a list to the Court with the names of another 15 people who were allegedly forced
onto a helicopter that day (supra para. 110) and whose whereabouts are still unknown.206
Those individuals are: Aurelia Alvarado Ivoy, Cornelio Osorio Lajúj, Demetria Osorio Tahuico,
Fermin Tum Chén, Francisco Chen Osorio, Francísco Sánchez Sic, Héctor López Osorio,
Jerónimo Osorio Chen, Luciano Osorio Chen, Pablo Osorio Tahuico, Pedro Chén Rojas, Pedro
López Osorio, Pedro Osorio Chén, Sebastiana Osorio Tahuico and Soterio Pérez Tum. The
State did not refer to this list, even though it had the opportunity to do so (supra paras. 5
and 111). The representatives also presented death certificates as evidence of the identity of
those individuals; eight of these indicate their “presumed death” or that the cause of death
“is unknown.”207 As previously mentioned, Francisco Chen Osorio is among these persons. In
addition to his death certificate, which indicates that he is “presumed dead,” his name was
mentioned by José Osorio Sic before the judicial authorities as one of the individuals who
was forced on board a helicopter on May 14, 1982.208
124. In this regard the Court observes that, according to the information provided by the
representatives and the State (supra para. 12), when the said death certificates were issued,
Guatemalan law, in particular Decree 75-97 “Temporary Special Act for Personal
Documentation” resulting from the Peace Accords (supra para. 64) and, subsequently, Decree
09-2006, “Temporary Special Act for Personal Documentation” permitted the registration of a
“presumed death” in the corresponding death registry if the person who was presumably
deceased had “disappeared owing to detention, arrest or deprivation of liberty; disappeared
during an armed confrontation in which he or she had taken part, or was in an area of
generalized violence, [after at least five years had passed following the disappearance,] or
when the death had occurred when the deceased was a refugee, displaced abroad and his or
her documentation is not available.”
125. According to the clarifications provided by the representatives (supra para. 12), the
purpose of Decree 09-2006, as well as of Decree 75-97, was, among other matters, to
permit the registration of the deaths of victims of the internal armed conflict, without the
need to appear before a judge (since the procedure can be carried out merely before the
registrar), in order to try and resolve problems such as inheritance formalities. For the Court,
in the context of this case, the fact that a death certificate does not indicate a precise cause
of death is not relevant for determining that a person has been forcibly disappeared. To the
contrary, the fact is that, to this day, the whereabouts of the 17 people who were forced to
board a helicopter on May 14, 1982, during the Los Encuentros massacre remain unknown.
126. Thus, as indicated previously (supra para. 51), in application of Article 35(2) of the
Rules of Procedure, and since the State has not contested it (supra para. 48), taking into
206
Cf. “Annex K. List of victims of the ‘Los Encuentros’ massacre” (file of attachments to the pleadings and
motions brief, tome XXIII, folios 13760 to 13762).
207
The death certificates of the following persons are in the file of attachments to the pleadings and motions
brief, tome XXVII: (1) Aurelia Alvarado Ivoy, cause of death “unknown”, folio 16253; (2) Demetria Osorio Tahuico,
“presumed dead”, folio 16275; (3) Francisco Chen Osorio, “presumed dead”, folio 16287; (4) Francísco Sánchez
Sic, “unknown”, folio 16291; (5) Pablo Osorio Tahuico, “presumed dead”, folio 16376; (6) Pedro López Osorio,
cause of death “unknown”, folio 16399; (7) Sebastiana Osorio Tahuico, “presumed dead”, folio 16437, and (8)
Soterio Pérez Tum, cause of death “unknown”, folio 16441. The death certificates of the following are also in the
file of attachments to the pleadings and motions brief, tome XXVII: (1) Cornelio Osorio Lajúj, folio 16263; (2)
Fermin Tum Chén, folio 16283; (3) Héctor López Osorio, folio 16300; (4) Jerónimo Osorio Chen, folio 16304; (5)
Luciano Osorio Chen, folio 16332; (6) Pedro Chén Rojas, folio 16391, and (7) Pedro Osorio Chén, folio 16403.
208
Cf. testimony of José Osorio Sic (file of annexes to the submission of the case, tome I, folio 540).
52
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