C.2. The death of Mr. A.A.
93.
On December 20, 2004, the lifeless body of Mr. A.A. was found on the road surface
at “kilometer 90.5 along the highway to Pacific” 122, with three gunshot wounds, two in the
frontal region of the skull and another in the left side of his back, 123 with the bicycle he
had been riding still between his legs. 124
94.
According to the statement made by Mrs. C.A., “a neighbor came to tell [them]”
that “[her] husband was lying in the road.” 125 The first person to arrive at the murder
scene was his son G.A. 126 According to the statements of Mrs. E.A. and B.A., because they
were away from their homes, 127 they were told of the death by the then Mayor, and so
they returned home. 128
C.3. Events subsequent to the death of Mr. A.A.
95.
Following Mr. A. A.’s death, the family, with the help of neighbors, organized nine
days of prayers (novena), in accordance with religious customs. 129 During that period, on
December 22 and 23, 2004, the Departmental Assistant of the Office of the Human Rights
Ombudsman requested different units of the National Civil Police to provide perimeter and
personal security measures for Mrs. B.A. and her family, “given the constant death threats
that family [A] has received and the recent murder of [B.A.’s] father.” 130 There is no
evidence in the record that such measures were implemented.
96.
Nevertheless, following complaints that several men had apparently “arrived to
threaten” the family, and after B.A. had requested support from the then Mayor of Santa
Lucía Cotzumalguapa, agents of the Municipal Transit Police provided security patrols and
accompanied the family during the nine days of prayers. 131 The Court confirms that during
the five months after Mr. A.A.’s death, and on several occasions, B.A. and E.A. reported that
the family had suffered acts of intimidation during the aforementioned nine-day period (infra
para. 152).
122
Cf. Report No. 315ª- 2005 EEC-G 11 and sketch prepared on April 29, 2005 by the Criminal Investigations
Expert (File of attachments to submission brief, page 858).
123
The State disputed the number of gunshot wounds received by Mr. A.A. Cf. Autopsy No. 225/04 of
December 22, 2004 (File of attachments to submission brief, page 941), and Extended Report dated May 10, 2005
of Autopsy Report No. 225/04 (File of attachments to submission brief, page 880).
124
Cf. Photographs attached to note MP60/2004/5417 of the Assistant Prosecutor of the Public Prosecution
Service of January 12, 2005 (File of attachments to submission brief, pages 818 to 820); “The A family still suffers
persecution”, Prensa Libre, 30 January 2005 (File of attachments to submission brief, page 1403); Statement of
E.A. before the Prosecutor for Crimes against Human Rights Activists of May 11, 2005 (File of attachments to
submission brief, page 865); and Report submitted by the Chief of the substation of the National Civil Police of
Escuintla to the District Prosecutor of the Public Prosecution Service of December 21, 2004 (File of attachments to
submission brief, page 1145).
125
Cf. Statement of C.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minutes 24:34
and 25:39).
126
Cf. Record of the procedure for the removal of the body, December 20, 2004 (File of attachments to
submission brief, page 939); Statement before the Special Human Rights Prosecutor of May 9, 2005 (File of
attachments to submission brief, page 861), and Report of the Chief the substation of the National Police to the
District Prosecutor of the Public Prosecution Service of December 21, 2004 (File of attachments to submission brief,
page 940).
127
Cf. Statement of C.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 20:00),
and Statement of E.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 37:28).
128
Cf. Statement of B.A. of January 1, 2005 (File of attachments to submission brief, disk 1, minute 1:18:53).
129
Cf. Statement of B.A. before the Office of the Special Prosecutor for Human Rights in Guatemala City of
May 11, 2005 (File of attachments to pleadings and motions brief, page 2222), and Testimony of B.A. of December
12, 2010 (File of attachments to pleadings and motions brief, page 2014).
130
Cf. Letter of December 22, 2004, of the Departmental Assistant of the Office of the Human Rights
Ombudsman of Escuintla (File of attachments to submission brief, page 898); Letter of December 23, 2004
from the Departmental Assistant of the Office of the Human Rights Ombudsman of Escuintla to the Chief of the
substation of the National Civil Police in Santa Lucía Cotzumalguapa (File of attachments to submission brief,
page 899), and Letter of December 23, 2004 from the Departmental Assistant of the Office of the Human
Rights Ombudsman of Escuintla to the Departmental Commissioner of Precinct 31 of the National Civil Police of
Escuintla (File of attachments to submission brief, page 900).
131
Cf. Statement rendered by B.A. before the Special Human Rights Prosecutor on May 11, 2005 (File of
attachments to submission brief, page 869); Statement rendered by B.A. on December 17, 2010 (File of
attachments to submission brief, disk 2, minute 1:30:8), and Statement of the former municipal Mayor of December
5, 2010 (attached to submission brief, page 797).
29
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