26
June 12, 1997, the Secretary of Defense indicated that with regards to the request
for the name, surname, title, military base or post where officer (Carlos, Manuel,
Carlos Manuel) Carías was, there were several officers whose surname was Carías.
He also informed that the individuals who held the position of Secretary of National
Defense in 1982 and 1983 were Division Generals Luis René Mendoza Paloma and
Oscar Humberto Mejía Vitores,65 respectively. Finally, on August 29, 1997, the
Secretary of Defense provided the last home address reported for some of the
suspects and the positions occupied by certain members of the military that were
connected to the events of the massacre.66
88.
Between the months of August 1996 and July 1999,67 the Prosecutor received
statements from some relatives of the deceased in the events of the massacre and
from witnesses, such as Ms. Lidia Garcia Perez, who narrated that her son “Fernando
Ramiro López Garcia” was “adopted,” and that her husband, Santos López Alonso
told her that he had taken him out of Las Dos Erres.68 Additionally, one survivor69
and two members of the kaibiles70 patrol gave statements as evidence produced
before trial, on February 11, 1999 and March 17, 2000, respectively.
C)
Judicial remedies and records of the judicial authorities
89.
On October 7, 199971 and April 4, 200072 the Criminal Court of First Instance
of Petén ordered the arrest of one of the kaibiles and 16 perpetrators, respectively,
for the crime of murder committed against the inhabitants of Las Dos Erres
Community.
90.
Three appeals for legal protection were filed against these arrest warrants,
65
Cf. Communication of the Department of Defense to the Special Agent of the Cases Mack and Las
Dos Erres of June 12, 1997 (Appendixes to the application, judicial file, piece VI to XIII, appendix 30, f.
4056).
66
Cf. Communication of the Department of Defense to the Special Prosecutor of the Cases Mack and
Las Dos Erres of August 29, 1997 (Appendixes to the application, judicial file, piece VI to XIII, appendix
29, fs. 3847 a 3851).
67
Cf. Minutes of the declarations rendered:on August 28, 1996 by Alejandro Gómez Rodríguez,
Inocencio González, Baldomero Pineda Batres, Jerónimo Baten Ixcoy, Demetrio Baten Ixcoy, Orlando
Amilcar Aguilar Marroquín and Domingo Estrada Chitoc (Appendixes to the application, judicial file, piece
VI to XIII, appendix 29, fs. 3761 a 3772); on September 12, 1996 by Desiderio Aquino Ruano (Appendixes
to the application, judicial file, piece VI to XIII, appendix 29, f. 3778); on May 27, 1997 by César Franco
Ibáñez (Appendixes to the application, judicial file, piece XIV, appendix 30, fs. 3955 a 4006), Favio Pinzón
(Appendixes to the application, judicial file, piece XIV, appendix 30, fs. 3923 a 3954) and Inocencio
González (Appendixes to the application, judicial file, piece XIV, appendix 30, fs. 4051 a 4054); on
February 23, 1999 by Miguel Ángel Cristales (Appendixes to the application, judicial file, piece VI to XIII,
appendix 29, fs. 3862 a 3863) and Reina Montepeque (Appendixes to the application, judicial file, piece VI
to XIII, appendix 29, fs. 3864 a 3866), and transcript of the testimonial statement of Lidia García Pérez
given on July 16, 1999 before the Public Prosecutor’s Office (Appendixes to the application, judicial file,
piece VI to XIII, appendix 29, f. 3867 a 3870).
68
Cf. Transcript of the testimonial statement of Lidia García Pérez, supra note 67.
69
Cf. Order of the Criminal Court of First Instance of Petén of February 10, 1999 (Appendixes to the
application, judicial file, piece XIII, f. 3819).
70
Cf. Order of the Criminal Court of First Instance of Pet��n of March 8, 2000 (Appendixes to the
application, judicial file, piece XIII, f. 3889), and record of the statement given by César Franco Ibáñez on
March 17, 2000 before the Criminal Court of First Instance of Petén (Appendixes to the application, judicial
file, pieces VI to XIII, appendix 29, fs. 3895 to 3911).
71
Cf. Order of the Criminal Court of First Instance of Petén of October 7, 1999 (Appendixes to the
application, judicial file, pieces VI to XIII, appendix 29, f. 3871).
72
Cf. Order of the Criminal Court of First Instance of Petén of April 4, 2000 (Appendixes to the
application, judicial file, piece XIV, appendix 30, fs. 4110 to 4113).
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