71
234. First of all, in seven of the files there are no actions aimed at identifying those responsible
for the facts. In two of these files – File No. 811-95 Of.1 before the District Prosecutor’s Office of
Salamá, in which the disappearance of relatives of María Teresa Sic Osorio, Albertina Sic Cuxum
and Alejandra Galiego Mendoza, 270 among others, was reported, and File No. 248-2006-169
before the Municipal Prosecutor's Office of Rabinal, in which the forced displacement of Mr. Chen
Tahuico's family and the death of his son 271 were reported - no investigative activity is recorded.
This Court has indicated that the effective search for the truth is the responsibility of the State
and does not depend on the procedural initiative of the victim or his next of kin, or on the private
offer of evidence. 272 Therefore, the Court considers it particularly problematic that on August 15,
1995, the District Prosecutor of Salamá ordered that File No. 811-95 Of.1 be closed because “the
accused was not identified.” 273 The case was closed only one month after the complaint was filed
on July 12, 1995, without an investigation being ordered to determine those responsible or locate
the missing persons, among them Lorenzo Depaz Siprian, Leonardo Cahuec González, Juan
Mendoza Alvarado and José Cruz Mendoza Sucup. In five other cases, 274 the actions were limited
to the exhumation and, in some cases, the delivery of remains to their next of kin, despite the
fact that the families requested other investigative measures. 275 It does not escape the Court’s
attention that between 1995 and 2010, executions, torture, rape, forced displacement, forced
labor and disappearances were denounced in these five case files. 276 The Court will refer to this
point in section B.2 below.
235. Secondly, this Court has noted delays of five to ten years in carrying out the exhumations
in clandestine cemeteries requested by the victims’ relatives. 277 This, despite the fact that the
María Teresa Sic Osorio reported the disappearance of her husband, Juan Mendoza Alvarado, and her father-in-law,
José Cruz Mendoza, to the Guatemalan Human Rights Ombudsman's Office in Salamá; in addition, Albertina Sic Cuxum
denounced the disappearance of her husband, Leonardo Cahuec Gonzales, and Galiego Mendoza reported the
disappearance of her husband, Lorenzo of Paz Ciprián. On July 12, 1995 the aforementioned Office notified the District
Prosecutor of the Salamá Public Prosecution Service of the complaints filed. Cf. Extension of the complaint of the
Departmental Assistant of the Human Rights Ombudsman before the District Prosecutor of the Salamá Public Prosecution
Service of July 12, 1995 (evidence file, folios 1351 to 1353).
271
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 177, and
Case of Tenorio Roca et al. v. Peru, para. 176.
272
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 177, and
Case of Tenorio Roca et al. v. Perú, para. 176.
273
Cf. Order of the District Prosecutor’s Office of Salamá of August 15, 1995 (evidence file, folio 1398).
274
The files are: i) No. 87-97 before the District Prosecutor’s Office of Salamá; ii) Case No. 255-93 Of. 4 (File 1083-95
M.P.) before the District Prosecutor’s Office of Salamá; iii) Case No. 247-2003-1142 before the District Prosecutor’s
Office of Salamá; iv) Case No. 248-2010-263 before the Office of the Municipal Attorney of Rabinal, and v) File No. M.P.
247-1997-1378 before the District Prosecutor’s Office of Salamá.
275
In January 1997, María Concepción García Depaz asked the District Prosecutor of the Public Prosecution Service to
“request [a] report from the Ministry of Defense and/or the corresponding military base on the names of the soldiers,
officers and civil patrol members of [El] Chol”, Baja Verapaz. Cf. Complaint of María García Depaz of January 17, 1997
(evidence file, folios 1862 and 1863). There isno record of any response to this request.
276
Cf. Complaint of Víctor Castulo Alvarado Sucup and Rosario Roman Tum of July 27, 1995 (evidence file, folios 1881
and 1882); statement of Víctor Castulo Alvarado Sucup of August 11, 1995 (evidence file, folios 1883 and 1884);
statement of Rosario Román Tum of August 11, 1995 (evidence file, folios 1885 and 1886); complaint filed by María
Concepción García Depaz on January 17, 1997 (evidence file, folios 1862 and 1863); complaint filed by Francisca
González Tecú on July 28, 1997 (evidence file, folios 9138 and 9139); statement of Juana García Depaz of July 26, 2001
(evidence file, folios 1893 to 1895); statement of Francisco Sic Chen of July 26, 2001 (evidence file, folios 1896 and
1897); statement of Máxima Emiliana García Valey of July 26, 2001 (evidence file, folios 1898 and 1899); statement of
Tarcila Milián Morales of July 27, 2001 (evidence file, folios 1900 and 1901); statement of María Concepción García
Depaz of July 27, 2001 (evidence file, folios 1902 and 1903); complaint filed by Tarcila Milián Morales on May 21, 2003
(evidence file, folios 11779 and 11780); statement of Francisca González Tecú and Clementina Bachan Cahuec of May
8, 2003 before the assistant prosecutor of the District Prosecutor’s Office of Salamá (evidence file, folios 9142 and 9143),
and complaint filed by Carlos Chen Osorio of April 16, 2010 (evidence file, folios 11933 to 11935).
277
In the months of May and June 1995, Juana García Depaz, Máxima Emiliana García Valey and Francisco Sic Chen
went to the Departmental Office of the Human Rights Ombudsman of Guatemala to denounce the existence of clandestine
cemeteries located in the village of Chichupac and requested the exhumation of the bodies. In addition, Mr. Sic Chen
mentioned the name of a civil patrolman whom he held responsible for this act. The Ombudsman’s Office informed the
District Prosecutor’s Office of the Public Prosecution Service of Salamá of the complaint regarding the clandestine
cemeteries. Cf. Complaint submitted by the Departmental Assistant of the Human Rights Ombudsman of Guatemala
(evidence file, folios 1574 to 1577), and complaint filed by Juana García Depaz of May 9, 1995 (evidence file, folios 1290
and 1291). Likewise, in June 1995 Juana García Depaz reported to the District Prosecutor of the Salamá Public
270