of individuals presumably belonging to members of the Río Negro community who died
during the said massacre.146 On December 7, 1998, the said judgment was expanded.147
98.
The defense counsel of the three convicted men filed a special appeal on December
15, 1998, asking that the judgment of November 30, 1998, be annulled.148 On February 25,
1999, the Fourteenth Chamber of the Court of Appeal for Crime, Drug-trafficking and
Offenses against the Environment of Alta Verapaz annulled the said judgment and ordered
that “a court composed of judges other than those who delivered the ruling that had been
annulled” deliver a new judgment.149 Consequently, on October 7, 1999, the Sentencing
Court for Crime, Drug-trafficking and Offenses against the Environment of the department
of Baja Verapaz handed down a new judgment ruling that the three defendants were
responsible for the murder of Marta Julian Chen Osorio and Demetria Osorio Lajuj.150 On
October 27, 1999, the defense counsel for Fermín Lajuj Xitumul, Carlos Chen and Pedro
Gónzalez Gómez again filed a special appeal against this judgment.151
99.
On February 1, 2000, the Fourteenth Court of Appeal of Cobán, Alta Verapaz, found
the defendants guilty as perpetrators of the crime of murder for the death of Marta Julia
Chen Osorio and Demetria Osorio Lajuj, and handed down a sentence of 50 years’
imprisonment, non-commutable.152 Subsequently, Carlos Chen filed a cassation remedy
against the judgment, which was rejected by the Criminal Chamber of the Supreme Court
of Justice on March 15, 2000, for lack of merit.153 Despite this, Carlos Chen filed an appeal
for review that was declared inadmissible by the said Criminal Chamber on April 25,
2000.154
100. On October 24, 2002, the Public Prosecution Service asked the First Instance Court for
Crime, Drug-trafficking and Offenses against the Environment of the department of Baja
Verapaz to issue a warrant for the arrest of Miguel Alvarado Sic, Tomás Vino Alvarado,
Francisco Alvarado Lajuj, Serapio Lajuj Cuxum, Pablo Ruíz Alvarado, Bonifacio Cuxum López,
Macario Alvarado Toj, Lucas Lajuj Alvarado and Víctor González López for the crime of the
146
Cf. judgment of the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment
of Baja Verapaz of November 30, 1998 (file of attachments to the final written arguments of the State, folios
29965 to 30001).
147
Cf. expansion of the Judgment of the First Instance Court for Crime, Drug-trafficking and Offenses against
the Environment of Baja Verapaz of December 7, 1998 (file of attachments to the final written arguments of the
State, folios 30117 to 30119).
148
Cf. special appeal filed by the defense counsel of Fermín Lajuj Xitumul, Carlos Chen and Pedro Gónzalez
Gómez of December 15, 1998 (file of attachments to the final written arguments of the State, folios 30121 to
30163).
149
Cf. judgment of the Fourteenth Chamber of the Court of Appeal for Crime, Drug-trafficking and Offenses
against the Environment of Alta Verapaz de 25 of February 1999 (file of attachments to the final written arguments
of the State, folios 30179 to 30187).
150
Cf. judgment of the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of
the Department of Baja Verapaz of October 7, 1999 (file of attachments to the final written arguments of the State,
folios 30596 to 30672).
151
Cf. special appeal filed by the defense counsel of Fermín Lajuj Xitumul, Carlos Chen and Pedro Gónzalez
Gómez of October 27, 1999 (file of attachments to the final written arguments of the State, folios 30924 to
30981).
152
Cf. judgment of the Fourteenth Chamber of the Court of Appeal of Cobán of February 1, 2000 (file of
attachments to the final written arguments of the State, folios 30993 to 31005).
153
Cf. judgment of the Criminal Chamber of the Supreme Court of Justice of March 15, 2000 (file of
attachments to the final written arguments of the State, folios 31017 to 31020).
154
Cf. judgment of the Criminal Chamber of the Supreme Court of Justice of April 25, 2000 (file of
attachments to the final written arguments of the State, folios 31021 to 31023).
43
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