few people survived the massacre.106 The case file indicates that at least 70 women and 107
children were murdered.107
F.
Massacre of May 14, 1982, in Los Encuentros
80.
Some of the survivors of the massacre that took place on Pacoxom took refuge in a
sacred place known as “Los Encuentros.” There, on May 14, 1982, at approximately 1 p.m.,
a group of soldiers and patrollers attacked the community, firing at them and throwing
grenades. They raped several women, set fire to houses, and tied up and hung a number of
people from trees, forcing them to stand on an iron sheet heated by a fire until they died. In
this way, the patrollers and soldiers killed at least 79 people.108 Also, on at least three
occasions, an army helicopter came to the community and at least 15 people were forced to
board it and were never heard from again. Several of the survivors fled to the mountains,
where they took refuge from the persecution by the army and the patrollers.109
106
The case file reveals that at least 17 children selected by the patrollers and soldiers to be taken to Xococ
survived the massacre: Antonia Osorio Sánchez, Laura Tecú Osorio, Felisa Gonzalez Coloch, Bruna Pérez Osorio
and Dominga Sic Ruiz (Denese Joy Burck). Cf. testimony of Antonia Osorio Sánchez (file of annexes to the
submission of the case, tome I, folios 484 to 485); Testimony provided by affidavit by Bruna Pérez Osorio (merits
file, tome II, folios 992 to 995); Testimony given during the public hearing by Jesús Tecú Osorio; Judgment of
November 30, 1998, Criminal proceedings No. 001-98-1 (file of annexes to the submission of the case, tome I,
folios 588 to 589); Judgment of May 28, 2008, Case No. 28-2003-OF (file of annexes to the submission of the
case, tome II, folios 740, 765 to 778, 834 and 871 to 884), and “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, folios 1772
to 1774). The Inter-American Commission identified one survivor as “Felisa Coloch Gonzáles.” However, the Court
has verified that this is Felisa González Coloch. Cf. identity document and birth certificate of Felisa González Coloch
(file of attachments to the pleadings and motions brief, tome XXVIII, folios 16849 to 16852). In addition, this Court
notes that the Inter-American Commission listed Dominga Sic Ruiz as a survivor of the Pacoxom massacre.
However, this person is now known in the United States of America as Denese Joy Burck. Cf. “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 1772).
107
The Inter-American Commission alleged that 203 members of the community of Río Negro were murdered
on March 13, 1982. It indicated that, of these, 77 were minors and 50 were adults; however, it was unaware of the
age of the other 76 persons. Cf. brief submitting the case (merits file, tome I, folios 34 and 35). In addition, the
Court observes that the representatives forwarded a list of 175 persons, 98 of them minors, presumably massacred
on March 13, 1982. However, with their final written arguments, the representatives forwarded a list of 167
persons, 98 of them minors, presumably massacred on that date. Cf. “Annex J. List of victims of the Pakoxom
massacre” (file of attachments to the pleadings and motions brief, tome XXIII, folios 13751 and 13759), and “List
of persons massacred on March 13, 1982” (file of attachments to the representatives’ final arguments, folios 26145
to 26170). At the same time, the Court observes that, according the CEH Report, 177 members of the community
of Río Negro (70 women and 107 children) were murdered on that occasion. Cf. Report “Guatemala, Memoria del
Silencio,” supra, volume VI, annex I, Illustrative Case No. 10 “Massacre and Elimination of the Community of Río
Negro.” In addition, the judgment delivered on May 28, 2008, Case No. 28-2003-OF, established, based on the
investigations conducted by the FAFG that, on March 13, 1982, “at least” 143 persons from Río Negro died (file of
annexes to the submission of the case, tome II, folio 942).
108
Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10
“Massacre and Elimination of the Community of Río Negro.” The Inter-American Commission presented a list of 81
persons who were presumably murdered on May 14, 1982, in Los Encuentros. Cf. brief submitting the case (merits
file, tome I, folio 39). Meanwhile, the representatives presented a list of 45 persons presumably massacred in Los
Encuentros on that occasion. However, with their final written arguments, the representatives forwarded a list of
61 persons, 33 of them minors, presumably massacred in Los Encuentros. Cf. “Annex K: List of victims of the
massacre at “Los Encuentros” (file of attachments to the pleadings and motions brief, tome XXIII, folios 13760 to
13762), and “List of persons of the village of Río Negro, massacred on May 14, 1982, in the community of Los
Encuentros” (file of attachments to the representatives’ final arguments, folios 26172 to 26180).
109
Cf. Report “Guatemala, Memoria del Silencio,” supra, volume VI, annex I, Illustrative Case No. 10
“Massacre and Elimination of the Community of Río Negro”; testimony provided by affidavit by Antonia Osorio
Sánchez (merits file, tome II, folio 1002); testimony of Antonia Osorio Sánchez (file of annexes to the submission
of the case, tome I, folios 484 to 487); testimony of Jerónimo Osorio Chen (file of annexes to the submission of the
case, tome I, folio 504); testimony of Carmen Sánchez Chen (file of annexes to the submission of the case, tome I,
36
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