25 authorized to live in the village of Plan de Sánchez, but always under the supervision and threat of the Army and the military agent.20 * * * 49(5) By 1987, approximately twenty families had returned to the village, and they continued to be threatened by the military agent, who frequently warned them that they should remain silent about events related to the massacre. In the years following the massacre, the survivors and the next of kin of those murdered in the event were reluctant to seek justice and denounce the clandestine cemeteries in the village, owing to the very real fear of permanent harassment, threat and surveillance by the regional military authorities. In 1992, they informed the judicial authorities about the location of the clandestine cemeteries. They were subsequently harassed and threatened by State agents.21 Regarding the judicial procedures Exhumations 49(6) On December 10, 1992, the existence of a clandestine cemetery in the village of Plan de Sánchez was reported. On May 7, 1993, the Ombudsman filed a complaint before the Attorney General’s office, on behalf of the community, regarding the massacre in the village of Plan de Sánchez. The judicial authorities opened case No. 391/93 in the Court of First Instance of Salamá, Baja Verapaz, and in the Attorney General’s office. On June 8, 1994, the Guatemalan Forensic Anthropology Team (hereinafter “GFAT”) began exhumation procedures on 21 common graves located in the center of the village of Plan de Sánchez, which were completed at the end of August 1994. As a result of these procedures, the osseous remains of 84 people were exhumed. On April 7, 1995, GFAT delivered the report on the forensic anthropological investigations to the Salamá District Prosecutor, and attached the ballistic material recovered during the exhumations. When GFAT conducted this procedure, it noted the existence of another clandestine grave, which had not been reported, referred to as grave No. 22. On August 10, 1994, the Ombudsman’s office requested the Attorney General’s office to expand the exhumation procedure to this grave. On August 12, 1994, the Attorney General’s office requested the Baja Verapaz Judge of First Instance to authorize this expansion. Following repeated requests, on May 6, 1996, the Baja Verapaz Judge of First Instance ordered the commencement of a new procedure under No. 344/95. On August 14, 1996, GFAT started the investigation of grave No. 22, which concluded on August 16, 1996, with the exhumation of 4 skeletons. On December 22, 1997, GFAT presented a forensic anthropology report to the District Prosecutor of the Attorney General’s office of Salamá, Baja Verapaz.22 20 Cf. Case of the Plan de Sánchez Massacre, supra note 17, paras. 42(24), 42(25), 42(26) and 42(27). 21 22 Cf. Case of the Plan de Sánchez Massacre, supra note 17, paras. 42(28) and 42(29). Cf. Case of the Plan de Sánchez Massacre, supra note 17, paras. 42(31), 42(32), 42(33), 42(34), 42(35) and 42(36).

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