E/CN.4/2000/9
page 96
E/CN.4/1998/38/Add.1, para. 146). The Government indicated that charges had been
brought before the District Government Prosecutor's Office in Amatitlán,
Guatemala department. It should be kept in mind that the manager of the
enterprise where these persons worked and were detained had hired private
investigators to look into the theft of 17 industrial machines on 7 March 1997.
No medical examination of the workers was carried out and no judicial
determination had yet been made regarding those responsible for the alleged
actions.
470.
Luis Alfredo Bonilla Juárez, a street child aged 17, was reportedly
detained and tortured in Guatemala City on 18 March 1997 by two police officers
(see E/CN.4/1998/38/Add.1, para. 145). The Government indicated that the Office
for Professional Responsibility of the National Police had carried out
preliminary investigations and that the case was now before the Government
Procurator's Office for Administrative Offences. The Criminal Court of First
Instance for Drug-related Activities and Environmental Offences was in charge of
the investigation, and preliminary steps were under way. The police officers who
made the arrest had been identified. No medical examination had been carried out
because, as the Deputy Chief, Second Corps, of the local police station had
indicated, the young person had suffered no injuries. No responsibility had yet
been attributed.
471.
In his letter dated 29 October, the Special Rapporteur also transmitted
to the Government other cases of torture allegedly committed in Guatemala.
472.
By letter dated 14 December 1998, the Government provided the responses
described below.
473.
Martín Pelicó Coxic was reportedly kidnapped, tortured and executed in
June 1995 by a military commissioner and two members of the Civil Defence
Volunteers Committees (CDVC) who had been arrested but released in July 1996 for
lack of evidence (see E/CN.4/1999/61, para. 281). The Government indicated that
an investigation was being carried out by the National Police through the
Criminal Investigation Service of the Government Procurator's Office. The El
Quiché second Criminal Court of First Instance for Drug-related Activities and
Environmental Offences was in charge of the investigation. Forensic medical
examination pointed to multiple injuries on the body of Martín Pelicó Coxic.
Arrest warrents had been issued for the three individuals implicated in the case
and operations had been carried out in the town of San Pedro Jocoopilas, El
Quiché department, in order to serve the warrants, but the accused had left the
area and their whereabouts were unknown. The investigation was continuing.
474.
Mario Alioto López Sánchez allegedly died from a shot fired by security
forces, including agents of the Immediate Reaction Force, during a demonstration
on 11 November 1994 at the University of San Carlos (see E/CN.4/1999/61,
para. 283). The Government indicated that the police had intervened because of
serious incidents and public disturbances caused by the demonstration, including
the burning of a number of public transport buses. Those presumed responsible
for the death of the student, Mario Alioto López Sánchez, had been brought to
trial. On 30 July 1997, the third Criminal Court for Drug-related Activity and
Environmental Offences had handed down a coercitive judgement against a former
Minister of the Interior, a former Vice-Minister of the Interior, a former
Director-General of the Police and a police officer for the crimes of
intentional homicide and severe and minor bodily harm to a third party. A
sentence of 30 years' imprisonment had been imposed upon a former chief of the
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