The representative of Ms. Menchú charged that various irregularities were committed on that occasion as the
witnesses were not notified.116
85.
The petitioners reported that on January 6, 1999, Rigoberta Menchú withdrew as co-plaintiff
in the proceeding "because of the belief that the State was not abiding ... by the rules of criminal due process,
creating a situation of denial of justice.”117 The petitioners stated that on that day, in the course of the hearing,
the court did not allow Ms. Menchú to present her observations on the proceeding.118 Ms. Menchú said the
following:
Nor have we come here to beg for justice, which is why, in the name of justice in Guatemala
and so as not to condone impunity in this country, we are withdrawing from this court, and
we are withdrawing in order to tell you, members of this court, that we will not cease in our
quest for justice. [W]e will not be the ones to validate a biased court.119
86.
On August 12, 1999, the Sentencing Court for Criminal Matters, Drug Trafficking, and
Environmental Crimes of the Department of Alta Verapaz Cobán, returned a judgment in which it acquitted
the members of the military patrol of the charges of extrajudicial execution and intentional bodily harm.120
The court offered the following argument:
[I]t was demonstrated that the patrol did not intend to cause the deaths and wound the
aggrieved and that is clear that, given that they had or were carrying military equipment, the
troops could have inflicted more deaths or injuries ... [T]he deaths of the 11 people and
injuries caused to the aggrieved were the result of the initial imprudence of Camilo Antonio
Lacán Chaclán who was in command of the patrol.121
87.
Accordingly, the court convicted the officer in command of the patrol, Camilo Lacán Chaclán,
and 10 soldiers122 of the crime of manslaughter.123 It also sentenced them to five years’ imprisonment
convertible to a fine.124 The 14 other members of the patrol125 were convicted of the crime of complicity in
manslaughter and sentenced to four years' imprisonment convertible to a fine.126 The court underscored that
116 Annex 24. Petitioners' communication of August 10, 1998.Record of deliberations. Case: Xaman. November 25, 1998,
sentencing court for Criminal Matters, Drug Trafficking, and Environmental Crimes of the Department of Alta Verapaz. Received on May
10, 2000. Petitioners' communication of March 4, 1999.
117
Annex 25. Petitioners' communication of August 10, 1998.Petitioners’ communication of March 4, 1999.
118
Annex 25. Petitioners' communication of August 10, 1998.Petitioners’ communication of March 4, 1999.
119
Annex 25. Petitioners’ communication of March 4, 1999.
Annex 26. Judgment of August 12, 1999, of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental
Crimes of the Department of Alta Verapaz. Received on May 10, 2000.
120
121 Annex 26. Judgment of August 12, 1999, of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental
Crimes of the Department of Alta Verapaz. Received on May 10, 2000.
122 Manuel Morán, Elias Coc Pop, Agustin Choc Caal, Florencio Juc Ixim, Héctor May García, Marcos Can Quej and/or Marcos Can
Quiej, Ambrocio Macz Cojoc and/or Ambrocio Max Cojoc, Carlos Cuc Cacao, Eleazar Tox Xol, and Francisco Tzul Ba.
123 Annex 26. Judgment of August 12, 1999, of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental
Crimes of the Department of Alta Verapaz. Received on May 10, 2000.
124 Annex 26. Judgment of August 12, 1999, of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental
Crimes of the Department of Alta Verapaz. Received on May 10, 2000.
125 Manuel Chen Yat, Jose Asig Tec, Ricardo Chub Cholom, Marcelino Caal Sacul, Carlos Juc Coy, Mauricio Juc Caal, Alejandro Cu
Cal, Pablo Poou Pop, Pedro Beb Xol, Ricardo Chub Pop, Julio Cesar Armando Lopez Rodriguez, Manuel Tec Caal, Marcelino Caal Chub, and
Fernando Caal Coc.
126 Annex 26. Judgment of August 12, 1999, of the Sentencing Court for Criminal Matters, Drug Trafficking, and Environmental
Crimes of the Department of Alta Verapaz. Received on May 10, 2000.
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