67
222. Third, in December 1997, 239and in April 240 and June 1999, 241 the Public Prosecutor’s Office
of Salamá received, through the statements of at least three persons, the names of at least 18
people allegedly responsible for the massacre. The declarants requested their arrest in April and
June of 1999, and reported that they continued to steal, rape women and threaten the population
(supra paras. 98 and 183). They also provided the addresses where these individuals could be
located. Although in June 2000, that is, one year later, the assistant prosecutor requested from
the Chief of the Department of Neighborhood Identity Cards of Rabinal the identity cards of 14 of
the individuals mentioned, 242 he only received 13 since one was not found 243 and no further action
is recorded regarding these persons. Subsequently, in July 244 and August 245 2005, the “Special
Prosecutor of the Public Prosecutor’s Office” received fifteen statements describing the events of
January 8, 1982, as well as other events that occurred before and after that date, including the
death of family members, forced displacement, forced labor, rape, the hardships and persecution
they suffered, the burning of houses and crops, and the theft of livestock, as well as the
identification of some of the alleged perpetrators. 246 However, there is no record of any other
action taken to clarify their responsibility for the massacre. For example, there is no record that
any of the persons mentioned by the declarants were called to testify. This point will also be
addressed in section B.2 below.
223. Fourth, there is no record that any steps have been taken to investigate the robberies, rapes
and threats that, according to the aforementioned statements of April and June 1999, the alleged
perpetrators of the massacre continued to commit. The Court also notes that in statements made
on September 14, 2005, before the assistant prosecutor of the Public Prosecutor’s Office of
Salamá, both Máxima Emiliana García Valey 247 and Fabiana Chen Galiego 248 retracted their
They requested, inter alia, the arrest of the accused and an order of pre-trial detention p. Cf. Brief filed by Miguel
Sic, Fabiana Chen and Teresa Cacaj on December 5, 1997 to become joint plaintiffs (evidence file, folios 636 to 645).
240
Cf. Statement of Miguel Sic Osorio of April 27, 1999 (evidence file, folios 610 to 612); Statement of Fabiana Chen
Galiego of April 27, 1999 (evidence file, folios 613 to 615), and Statement of Teresa Cacaj Cahuec of April 27, 1999
(evidence file, folios 606 to 609).
241
Cf. Statement of Miguel Sic Osorio and Teresa Cacaj Cahuec of June 28, 1999 (evidence file, folios 1013 to 1015);
Statement of Susana Pancan of June 28, 1999 (evidence file, folios 1016 to 1017), and statement of Pedro Chen Sic of
June 28, 1999 (evidence file, folios 1022 and 1023).
242
Cf. Official letter of the assistant prosecutor of the District Prosecutor’s Office of Salamá of June 21, 2000 (evidence
file, folios 1099 and 8633).
243
Cf. Official letter of the District Registrar of Rabinal of July 3, 2000 (evidence file, folio 8628).
244
Cf. Statement of Pedro Chen Sic of July 12, 2005 (evidence file, folios 733 to 740); statement of Máxima Emiliana
García Valey of July 12, 2005 (evidence file, folios 748 to 754); statement of Miguel Chen Tahuico of July 27, 2005
(evidence file, folios 8727 to 8731); statement of Ana Calate Sic of July 27, 2005 (evidence file, folios 8737 to 8740);
statement of Domingo Chen Tahuico of July 27, 2005 (evidence file, folios 8741 to 8743); statement of Francisca Calate
Sic of July 27, 2005 (evidence file, folios 8743 to 8744); statement of Félix Valey Galiego of July 27, 2005 (evidence file,
folios 8745 to 8747), and statement of Pedro Sic Gonzalez of July 27, 2005 (evidence file, folios 8748 to 8749).
245
Cf. Statement of Miguel Sic Osorio of August 16, 2005 (evidence file, folios 8750 and 8751); statement of Pedro
Chen Sic of August 16, 2005 (evidence file, folios 8754 and 8755); statement of Sebastián Chen Tahuico of August 16,
2005 (evidence file, folios 8760 to 8762); statement of Teresa Cacaj Cahuec of August 16, 2005 (evidence file, folios
8752 and 8753); statement of Susana Pancan of August 16, 2005 (evidence file, folios 8756 and 8757); statement of
Fabiana Chen Galiego of August 16, 2005 (evidence file, folios 8758 and 8759), and statement of María Teresa Sic Osorio
of August 16, 2005 (evidence file, folios 8763 and 8766).
246
Two of these individuals also testified on July 12, 2005, before the Internal Affairs Unit attached to the Office of the
Prosecutor for Administrative Offenses. Cf. Statement of Miguel Sic Osorio of July 12, 2005(evidence file evidence, folios
757 to 761), and statement of Domingo Chen Tahuico of July 12, 2005 (evidence file, folios 765 to 767). It is not clear
to the Court why the Internal Affairs Unit attached to the Office of the Prosecutor for Administrative Offenses was
approached, or at what point the case file was passed to the Special Cases and Human Rights Violations Unit of the
Public Prosecutor's Office.
247
Máxima Emiliana García Valey appeared before the Assistant Prosecutor of the District Prosecutor’s Office of Salamá
to expand her previous statement, indicating that “by mistake and confusion” she had mentioned the name of a person
who was allegedly responsible for the massacre at the clinic but that “he was not there” and that she mentioned him
because “a few days before the massacre” this person had raped her mother, Gregoria Valey Ixtecoc. Cf. Statement of
Máxima Emiliana García Valey of September 14, 2005 (evidence file, folios 8773 and 8774).
248
Fabiana Chen Galiego expanded her statement of April 27, 1999, explaining that she had mentioned the name of
several people allegedly responsible, but that she had mentioned one of them by “reference of other persons but that
he had nothing to do with [the] case and the massacre in the clinic.” Cf. Statement of Fabiana Chen Galiego of September
239