11
First Instance of the City of Salamá –identified as C 255-93 - Of. 4° -- of a clandestine cemetery in the
village of Chichupac where the remains of more than 30 inhabitants of the village assassinated during
January 1982 are found; that on December 2, 1997, a complaint was filed in Salamá with the Court of
First Instance for Criminal, Drug, and Environmental Crimes of Salamá, Baja Verapaz, that reported the
massacre committed in the village of Chichupac on January 8, 1982; and that as of July 12, 2005, the
Special Cases and Human Rights Violations Unit of the Office of the Prosecutor with the Human Rights
Section of the Guatemala City Public Prosecutor’s Office took over the investigation into the facts (under
File 001-2005-95839).
48.
The IACHR observes that during the judicial investigation, only the exhumation of
corpses (performed from May 6 to 19, 1993, and during which the body remains of at least 30 persons
was found) and an expert ballistics test of the evidence gathered on the occasion were done, and 21
witness statements have been taken. It is noted that these steps have been taken because of the
procedural impetus of the complaining witnesses, and that in addition other investigative steps were
requested that have not been considered. The IACHR has not received information that indicates that the
procedure has ended or that the persons responsible have been duly punished.
49.
Regarding the other remedies pursued for the other facts alleged, the following
proceedings appear in the record:
Case 255-93: It appears in the record of Case 255-93, substantiated by the Court of First
Instance for Criminal, Drug, and Environmental Crimes of Baja Verapaz regarding the massacre in the
village of Chichupac on January 8, 1982, that the extrajudicial execution of Andrea Osorio was reported
20
on April 27, 1999.
Proceeding 1,083-95 It appears in File 1,083-95 of the District Office of the Public Prosecutor’s
Office of Baja Verapaz (incorporated into Case 255-93 mentioned above, and responding to a report
21
regarding the existence of clandestine cemeteries in Xeabaj, Rabinal) , that 13 of the extrajudicial
executions claimed in case 1,083-95 are alleged victims in this petition: (i) the extrajudicial execution of
Víctor Alvarado Valey, Ceferino Alvarado Sucup, Fidel Alvarado Sucup, Domingo Reyes Juárez, Andrés
Reyes Román, Santiago Reyes Román, as claimed before the District Office of the Public Prosecutor’s
Office of Salamá, Baja Verapaz on July 27, 1995; (ii) the extrajudicial execution of Eusebia Grave García,
José León Grave García and Silvestre Sic, and the rape and later extrajudicial execution of Gregoria
Valey Ixtecoc, facts claimed on July 26, 2001 before the District Office of the Public Prosecutor’s Office of
Salamá, Baja Verapaz; and (iii) the extrajudicial execution of Elías Milián González, Amelia Milían
Morales, and Medardo Juárez García, as reported on July 27, 2001 before the District Office of the Public
Prosecutor’s Office of Salamá, Baja Verapaz.
In this respect, it appears in the judicial record that from April 9 to 13, 2002, corpses were
exhumed and that as a result of this procedure, 13 bony remains were exhumed, 11 of which correspond
22
to alleged victims of this petition whose execution has been alleged in this proceeding. In addition, the
bony remains of Raymunda Sical Corazón, an alleged victim, were identified. The IACHR observes that
after incorporating the forensic reports of said exhumation, no further procedures have been undertaken.
Proceeding 1,378-97: On July 28, 1997, it was reported to the Departmental Office of the Human
Rights Ombudsman in the city of Salamá there were two clandestine cemeteries in the village of Xeabaj.
On that occasion it was reported that in one of those clandestine cemeteries one would find the remains
20
Her bony remains were found during the exhumation of corpses in the framework of this proceeding.
21
In this respect, the State indicates that this case is joined to Proceeding 247/1995/802.
22
To wit: Eusebia Grave García, Fidel Alvarado Sucup, José León Grave García, Andrés Reyes Román, Santiago Reyes
Román, Víctor Alvarado Valey, Domingo Reyes Juárez, Ceferino Alvarado Sucup, Medardo Juárez García, Gregoria Valey Ixtecoc
and Silvestre Sic. (Report on exhumation of corpses in clandestine cemeteries of April 9, 2002, prepared by the Justice of the Peace
of Rabinal; File 1083-95: Report of the Third Official of the National Civilian Police to the honorable Justice of the Peace of Rabinal,
April 13, 2002; and Report of Judicial Inspection of Human Bony Remains of February 27, 2003).