prison. 52 Subsequently, the accused Carlos Chen, only last name, filed a motion for cassation,
which became firm on April 25, 2000. 53
77. According to the petitioners, “during this process the victims contributed significantly,
providing all the information, locating the graves, giving testimony before the court, despite
the constant threats and persecution by groups sympathetic to the accused.” 54
78. It appears in the record that on March 19, 2001, Ms. Denese Joy Burck (her name as a
Guatemalan is Dominga Sic Ruiz, survivor and daughter of persons assassinated in the village
of Xococ) gave testimony before the Office of the Special Prosecutor of the Public Ministry in
Guatemala City. She testified as to the events alleged to have occurred in the community of
Xococ, and on the events of March 13, 1982, in the community of Río Negro. As regards the
events of February 13, 1982, in the community of Xococ, she testified that one week before
February 12, 1982, her father’s identity card had been taken and held “by the people of Xococ”
and they told him that he had to return one week later to pick it up. Specifically, in the
statement it is indicated that on February 13, 1982, a total of 73 persons were assassinated,
including men, women, and children, among them the declarant’s father, Mr. Rosendo Sic
Iboy. 55
79. In addition, it appears in the record that on March 26, 2003, at the Office of the District
Prosecutor of Salamá, Baja Verapaz, Mr. Carlos Chen Osorio came forward and gave testimony
on the facts that occurred in the community of Xococ, where several members of the
Community of Río Negro went to the military zone of Cobán to speak with Colonel de la Cruz
on the harassment to which they had been subjected by the members of the Army and the
PACs from Xococ. The complaint indicates that upon returning from this meeting they were
detained and ordered to return on Saturday with rope, a chicken, fish, and eggs to feed the
soldiers “and my companions did so but they never returned, I didn’t go because I knew
something bad was going to happen. All the men who went to Xococ died.” 56
80. In 2003, an investigation was initiated (case 28-2003) against the persons against whom a
proceeding had been opened in cases 722-93 and 471-94. The Public Ministry asked that
Messrs. Macario Alvarado Toj, Francisco Alvarado Lajuj, Tomas Vino Alvarado, Pablo Ruiz
Alvarado, Bonifacio Cuxun López, Lucas Lajuj Alvarado, Serapio Lajuj Cuxun, Victor González,
and Miguel Alvarado Sic be arrested, all of them members of the PACs, along with Colonel José
Antonio Solares González. The arrest warrants were effective with respect to the first six
mentioned.
81. In addition, it appears in the file that the Criminal Court for Drug-trafficking and Crimes
against the Environment of Baja Verapaz, on July 14, 2004, in case 28-2003 against Macario
Alvarado Toj, Francisco Alvarado Lajuj, Tomas Vino Alvarado, Bonifacio Cuxum López, and
Lucas Lajuj Alvarado for their alleged participation in the events of Río Negro, scheduled
October 5, 2004, as the date for holding the oral and public debate. 57 One objection was raised
regarding the hearing date, and October 27, 2004, was set as the new date; at that hearing
testimony was taken from the accused. On October 28, 2004, the expert forensic anthropology
report was to be received, yet the session was suspended in the wake of a writ of amparo filed
by the defense counsel for the accused. The writ of amparo was rejected as unfounded, by
resolution of May 9, 2005. Subsequently, the defense counsel filed an interlocutory
52
Fourteenth Chamber of the Court of Appeals of Cobán, Alta Verapaz, Judgment of February 2000. Case No. 67-99of.3o. Case No. 01-98-0f.1º.
53
See Supreme Court of Justice, Cassation No. 27-2000. Criminal Chamber. Judgment of Cassation of March 15, 2000.
See also Motion for Reconsideration within the Motion for Cassation, declared unfounded on April 25, 2000. Document
in the record.
54
See also the reference to these facts in the petitioners’ brief of April 16, 2007.
55
Statement given by Denese Joy Burck, on March 19, 2001, at the main office of the Office of the Special Prosecutor
of the Public Ministry of Guatemala City. Document in the record.
56
Statement given by Mr. Carlos Chen Osorio, March 26, 2003, in the Office of the District Prosecutor of Salamá, Baja
Verapaz. Document in the record.
57
Criminal Court for Drug-trafficking and Crimes against the Environment of Salamá, Baja Verapaz, resolution of July
14, 2004. Document in the record.
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