murder of Marta Julia Chen Osorio and Demetria Osorio Lajuj.155 On March 4 and May 16, 2003, the First Instance Criminal Judge of Baja Verapaz delivered an order for the pre-trial detention and prosecution of Francisco Alvarado Lajuj and Macario Alvarado Toj, and of Lucas Lajuj Alvarado, Bonifacio Cuxum López, Pablo Ruiz Alvarado and Tomás Vino Alvarado, respectively, for the crime of murder.156 On June 13, 2003, the Public Prosecution Service requested the opening of proceedings, indicting Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomas Vino Alvarado, Pablo Ruiz Alvarado, Bonifacio Cuxum López and Lucas Lajuj Alvarado.157 101. On July 10, 2003, the Criminal Sentencing Court of Baja Verapaz declared the opening of the trial.158 On October 28, 2004, a public hearing was held for oral proceedings.159 Finally, on May 28, 2008, the Criminal Sentencing Court of Baja Verapaz convicted Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomás Vino Alvarado, Pablo Ruiz Alvarado and Lucas Lajuj Alvarado and sentenced them to 30 years’ imprisonment for the crime of murder against 26 persons during the Pacoxom massacre, including Marta Julia Chen Osorio and Demetria Osorio Lajuj.160 It also ordered the certification of the decision of the Public Prosecution Service to open “the pertinent investigations to determine the responsibility of the overall, senior and subordinate commanders of the National Army in the events that gave rise to the […] proceedings” and “in order to determine the responsibility of José Antonio Solares González in the events that are the subject of the […] proceedings.”161 c.2. Exhumations 102. On October 7, 1993, an exhumation was performed in the village of Río Negro (Pacoxom).162 On May 4, 1994, the Departmental Forensic Physician presented a “report on the exhumation procedures in Río Negro to the First Instance Judge of the department of Baja Verapaz.” According to the report, the clandestine cemetery was divided into three mass graves in which 143 people were buried, including children, women and the elderly.163 155 Cf. brief of the Assistant Prosecutor of the Public Prosecution Service of October 4, 2002 (file of attachments to the final written arguments of the State, folios 28171 to 28176). 156 Cf. communication of the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of the Department of Baja Verapaz of July 15, 2003, and decision of the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of the department of Baja Verapaz of May 16, 1993 (file of attachments to the final written arguments of the State, folios 28312 to 28319 and 28457). 157 Cf. brief of the District Prosecutor of the Public Prosecution Service of June 12, 1993 (file of annexes to the submission of the case, tome III, folios 1660 to 1665). 158 Cf. application for amparo filed by Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomás Vino Alvarado, Pablo Ruiz Alvarado, Bonifacio Cuxum López and Lucas Lajuj Alvarado before the Fourteenth Chamber of the Court of Appeal on July 21, 2003 (file of attachments to the final written arguments of the State, folio 28463). 159 Cf. judgment of the Regional Combined Chamber of the Court of Appeal de Cobán, constituted in Constitutional Court of Amparo of May 9, 2005 (file of annexes to the submission of the case, tome III, folio 1737). 160 Cf. judgment of the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of the department of Baja Verapaz of May 28, 2008 (file of attachments to the final written arguments of the State, folios 27803 to 28167). 161 Judgment of the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment of the department of Baja Verapaz of May 28, 2008 (file of attachments to the final written arguments of the State, folio 28166). 162 Cf. communication of the Chief of Police to the First Instance Court for Crime, Drug-trafficking and Offenses against the Environment of Baja Verapaz of November 2, 1993, and communication of the Justice of Peace of Baja Verapaz of October 4, 1993 (file of annexes to the submission of the case, tome II, folios 993 and 1118). 163 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 folio 29989). 44