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area they particularly frequented the sector known as “Las Casetas”, where there
were kiosks selling food and drinks, and where the facts of this case took place.
78.
When the facts occurred, the area of “Las Casetas” was notorious owing to
the high rate of crime and delinquency; it also sheltered a large number of “street
children”.
79.
In Guatemala, at the time the events occurred, there was a common pattern
of illegal acts perpetrated by State security agents against “street children”; this
practice included threats, arrests, cruel, inhuman and degrading treatment and
homicides as a measure to counter juvenile delinquency and vagrancy (supra, para.
59.c).
a.
Abduction and murder of Henry Giovanni Contreras, Federico
Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito
Josué Juárez Cifuentes
80.
During daylight hours of June 15, 1990, in the area of “Las Casetas”, a pickup truck approached the youths, Contreras, Figueroa Túnchez, Caal Sandoval and
Juárez Cifuentes; armed men descended from the vehicle, obliged the youths to
enter the vehicle and took them away.
81.
The bodies of the youths Juárez Cifuentes and Figueroa Túnchez were found
in the San Nicolás Woods on June 16, 1990, and the bodies of the youths Contreras
and Caal Sandoval were discovered in the same place, the following day. In all
cases, the official cause of death was attributed to injuries produced by gunshots in
the head.
b.
Torture of Henry Giovanni Contreras, Federico Clemente
Figueroa Túnchez, Jovito Josué Juárez Cifuentes and Julio Roberto
Caal Sandoval
82.
The youths Juárez Cifuentes and Figueroa Túnchez were in the power of their
abductors for at least 10 hours while the other two, Contreras and Caal Sandoval,
were kept by the abductors for at least 21 hours.
c.
Murder of Anstraum Aman Villagrán Morales
83.
At approximately midnight on June 25, 1990, Anstraum Aman Villagrán
Morales was killed by a gunshot in the “Las Casetas” sector.
d.
Judicial proceeding on the murder of Jovito Josué Juárez
Cifuentes, Federico Clemente Figueroa Túnchez, Julio Roberto Caal
Sandoval and Henry Giovanni Contreras before the First Magistrate’s
Court of Mixco (Department of Guatemala).
84.
On June 16, 1990, the above court ordered the opening of criminal
proceedings based on the discovery of two corpses on the property of the San
Nicolás Woods at 5.30 a.m. – they were subsequently identified as the bodies of the
youths Federico Clemente Figueroa Túnchez and Jovito Josué Juárez Cifuentes.
85.
On June 17, 1990, the same court ordered the opening of the proceeding
corresponding to the discovery of another two unidentified corpses at 2.00 p.m. –