36
and heads of posts in the area in 1982.227 In January and May 2000, the plaintiffs requested the
following of the Criminal Judge of First Instance: i) examine the ballistics material found in the graves;228
and ii) order the Ministry of National Defense to provide the names of, inter alia, the commanding
officers in the military zone of the department of Baja Verapaz, and those of the officers in command of
the troops that went to the village of Chichupac on January 8, 1982.229
152. On June 21, 2000, the District Attorney’s Office requested that the bullet shells found in
the graves be analyzed to determine the caliber of the bullet and whether the weapon that fired the
bullet “was or is an issue weapon for Guatemalan Army.”230 On July 4, 2000, the Technical Scientific
Department of the Public Prosecution Service reported that the weapons allegedly used “included
pistols, revolvers and 22-caliber rifles”, irrespective of their brands or countries of manufacture.”231
153. On August 9, 2005, Miguel Sic Osorio, Fabiana Chen Galiego and Teresa Cacaj Cahuec
petitioned the Baja Verapaz Criminal Judge of First Instance for Drug-related Activity and Crimes against
the Environment to allow them to replace their attorney “to better serve (their) interests.”232 That
request was denied the following day on the grounds that the three individuals “are not named as
associated plaintiffs.”233
154. The petition was filed again on September 14, 2005.234 On September 20, 2005, the
Court of First Instance agreed to hear the plaintiffs’ request.235
155.
The Commission has no information of any further progress made in this process.
2.3.2. Concerning eleven extrajudicial executions and one forced disappearance – Joined in
Case No. 255-93
227
Annex 9. Brief to the Office of the District Attorney of the Salamá Public Prosecution Service, Baja Verapaz, dated
June 11, 1999. Judicial case No. 255-93, pp. 182-183. Annex 2 of the petitioners’ communication of December 13, 2007.
228
Annex 7. Memorandum from attorney Edgar Pérez, dated January 19, 2000. Certification of Case File No. 0012005-95839, pp. 137-138. Annex 1 of the petitioners’ communication of December 13, 2007.
229
Annex 7. Memorandum from attorney Edgar Pérez, dated May 12, 2000. Certification of Case File No. 001-200595839, pp. 139-141. Annex 1 of the petitioners’ communication of December 13, 2007.
230
Annex 9. Memorandum from Deputy District Attorney Juan Pérez, dated June 21, 2000. Judicial case No. 255-93, p.
214. Annex 2 of the petitioners’ communication of December 13, 2007.
231
Annex 7. Investigative Report Ref. BAL-00-0404-mxx from the Technical Scientific Department of the Public
Prosecution Service, dated July 4, 2000. Certification of Case File No. 001-2005-95839, pp. 223-224. Annex 1 of the petitioners’
communication of December 13, 2007.
232
Annex 9. Brief dated August 9, 2005. Judicial case No. 255-93, p. 63. Annex 2 of the petitioners’ communication of
December 13, 2007.
233
Annex 9. Order of the Baja Verapaz Criminal Court of First Instance for Drug-related Activity and Crimes against the
Environment, dated August 10, 2005. Judicial case No. 255-93, p. 64. Annex 2 of the petitioners’ communication of December
13, 2007.
234
Annex 9. Brief dated September 14, 2005. Judicial case No. 255-93, p. 339. Annex 2 of the petitioners’
communication of December 13, 2007.
235
Annex 9. Order of the Baja Verapaz Criminal Court of First Instance for Drug-related Activity and Crimes against the
Environment, dated September 20, 2005. Judicial case No. 255-93, p. 340. Annex 2 of the petitioners’ communication of
December 13, 2007.