6. According to the information provided by the petitioners, in February 1984, Edgar Fernando
García was 26 years old, was married to Nineth Montenegro, and had a 3-year-old daughter,
Alejandra. They add that Edgar Fernando was an urban primary school teacher, a student at
the school of engineering of the University of San Carlos, and an administrative worker at the
company Centroamérica de Vidrios S.A. (CAVISA), where he was a member of the union, with
the position of recording secretary.
7. The petitioners state that on Saturday, February 18, 1984, the alleged victim left his home,
located in Zone 7 of Guatemala City, early, to walk to work. They report that at approximately
10 a.m., he encountered Danilo Chinchilla, and that a checkpoint of the Special Operations
Brigade (Brigada de Operaciones Especiales, BROE) and the National Police (PN) had been set
up by the market known as El Guarda. The security agents are said to have demanded to see
their documents, and subsequently shot both of them, as a result of which both were
wounded, and then violently placed them in a vehicle of the security forces. Subsequently, Mr.
Danilo Chinchilla was taken to the Hospital Roosevelt while the alleged victim was taken to the
Fifth Corps of the National Police, located on the street known as calzada San Juan.
8. According to the petitioners, that same day, men in civilian dress who were driving vehicles
without tags searched the alleged victim’s home, took his belongings, and told his mother and
wife that Edgar Fernando García would return the following Tuesday.
9. The petitioners argue that from the very day of Edgar Fernando’s detention, his family took
many initiatives, before the judicial authorities and the authorities of the Executive branch, to
determine his whereabouts; they even looked for him in detention centers, hospitals, and
morgues, and took out paid ads in different press outlets. Mr. García’s family reported the
illegal detention to the courts, and filed writs of habeas corpus (recursos de exhibición
personal). In addition, they met with the de facto president of Guatemala at that time, General
Oscar Humberto Mejía Víctores, the Minister of Defense, the Director of the National Police,
and personnel from the Army High Command, yet all these efforts were for naught. According
to information that Mr. García’s family received extra-officially, he was alive as of December
1984.
10. The petitioners add that on June 23, September 10, and October 15, 1997, theGrupo de
Apoyo Mutuo (GAM) filed writs of habeas corpus before the Supreme Court on behalf of the
alleged victim, which were declared inadmissible in 1998.
11. They further argue that on November 25, 1997, the Supreme Court of Justice was asked to
initiate a Special Inquiry Procedure, which was admitted on December 4, 1997, thereby giving
a legal mandate to the Office of the Human Rights Ombudsperson (Procuraduría de los
Derechos Humanos) of Guatemala to undertake the investigation, pursuant to Article 467 of
the Code of Criminal Procedure. That mandate expires every three months; accordingly, the
Office of the Ombudsman must constantly seek extensions from the Supreme Court of Justice,
the last extension known of having been granted on December 7, 2005. The investigation into
the illegal detention and forced disappearance of Edgar Fernando García continues to be in the
“Special Inquiry Procedure” under the Human Rights Ombudsman of Guatemala.
12. The petitioners report that a series of steps have been taken through the Grupo Justicia of
Guatemala, and with other civil society organizations, resulting in meetings with the Attorney
General and the President of the Supreme Court, who apparently showed interest in supporting
the creation of a National Commission to Search for the Disappeared. Finally, the petitioners
note that due to the appearance of the files of the former National Police, one of the largest in
Latin America, work was proceeding in conjunction with the Human Rights Ombudsman of
Guatemala to search for information on the forced disappearance of the alleged victim.
B.
The State
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