4
arrest them, although they were repeatedly urged to do so.
12.
The public prosecutor, Lic. de Cansinos, spent the whole of the
following day in the military base of Huehuetenango.
13.
Two other witnesses to the Colotenango events, MARÍA GARCÍADOMINGO and ALBERTO GODÍNEZ, have been formally charged with the death of a
child. The trial began three days later, on May 14, 1994. Alberto Godínez gave testimony
proving his innocence and was released.
14.
The private prosecutor in this case, Lic. Rudio Lecsan Mérida-Herrera,
also serves as such in the case against the two other witnesses ARTURO FEDERICO
MÉNDEZ-ORTIZ and ALFONSO MORALES-JIMÉNEZ and is counsel for the defense of the
civil patrolmen detained as a result of the events of Colotenango.
15.
That same week, on May 16, 1994, RAMIRO GODÍNEZ-PÉREZ, another
of the witnesses of Colotenango whose parents had been murdered by civil patrols on
September 23 (see paragraph 5), was severely beaten. As a result of the beating,
Ramiro Godínez suffered serious injuries. The attack was committed by civil patrols and
Mr. Godínez had to be hospitalized in Huehuetenango. The victim has not filed charges
for fear of further reprisals by the civil patrols, who can count upon the unconditional
support of the authorities at the military base of Huehuetenango.
16.
Witness NATIVIDAD GODÍNEZ-PÉREZ, the sister of Ramiro Godínez,
has been forced to leave the community because of the threats she has received.
17.
As a result of these attacks, other witnesses who had intended to
testify are now refusing to come forward for fear of re-prisals.
18.
Legal proceedings against the civil associations which support the
demonstrators and their grievances were initiated on May 16 before the Second Trial
Court of Huehuetenango, charging those groups with sedition. It is a criminal complaint
brought against the (Comité de Unidad Campesina "CUC" (Committee of Peasant Unit),
the Coordinadora Nacional de Viudas de Guatemala "CONAVIGUA" (National Coordinator
of Guatemalan Widows) and the Mayan Defense Office, all of which are charged with
"sedition." It is assumed that the complaint is intended to intimidate those groups which
are active in furthering the trial of those responsible for the Colotenango attacks. The
denouncers point out that the complaint is without merit, since Article 387 of the
Criminal Code defines that offense as a crime of violence and the activities of the
organizations in question are strictly peaceful.
19.
On May 20, 1994, the two patrolmen who had been detained as
suspects in the events of Colotenango were released on parole by court order, on their
own recognizance.
4.
In its request, the Commission describes the action:
20.
The Commission received the original petition which gave rise to this
case on November 4, 1993 and transmitted it to the Government in accordance with the
standard procedures provided in the Convention.
Prior to that, on September 9, 1993, the Commission had visited Colotenango
and some of the neighboring villages and interviewed the victims, eyewitnesses, civil
patrols and other individuals regarding the events that had occurred in August of that
year.
The denunciation that was transmitted to the Government sought provisional
measures on behalf, particularly, of Messrs. MARCOS GODÍNEZ-PÉREZ, NATIVIDAD
GODÍNEZ-PÉREZ, RAMIRO GODÍNEZ-PÉREZ, JUAN GODÍNEZ-PÉREZ, MIGUEL GODÍNEZDOMINGO, ALBERTO GODÍNEZ, MARÍA GARCÍA -DOMINGO, and GONZALO GODÍNEZLÓPEZ, who had testified at the proceedings and had subsequently been subjected to
persecution and threats. The private prosecutors in the case, MARÍA SALES-LÓPEZ and
ALFONSO MORALES, had also been subjected to the same abuses.
21.
In its reply of April 26 to the Commission regarding the denunciation,
the Government described the progress made in the judicial proceedings against the