Historical Truth Commission. Furthermore, if they did let a number of years go by before returning to the Guatemalan judicial system to file a habeas corpus application, it was because for many years they felt afraid and insecure as a result of the Guatemalan internal situation. Lastly, they believe that their rights to learn the truth, to justice and to compensation are not sufficiently guaranteed by the PNR, which has a limited mandate, or by the National Search Plan, which has yet to be set up. 30. The record shows that Mr. Chitay's arrest and disappearance were reported by his wife, Marta Rodríguez Quex to the National Police station in the area where the kidnapping took place, a fact that the State acknowledges in its comments. 31. Under the laws in force at the time of the kidnapping, the National Police had to advise the judiciary of complaints of criminal offenses it had received. The first paragraph of Article 112 of the Criminal Code than in force provided: Article 112: Police officers and policemen legitimately authorized to operate in the country have an obligation to immediately assist in cases of punishable offenses that they witness or that are reported to them. To that end they will take the necessary steps to ascertain the facts, find and arrest the perpetrators and collect the items, instruments or evidence of a crime that could disappear, placing them at once at the disposal of the judiciary; all of this aside from their obligation, before, during or after doing the above, as the case may be, to immediately report to 15 the proper authorities the steps taken. 32. Furthermore, under Article 68 of the Criminal Code in effect in 1981 kidnapping was a crime subject to ex officio prosecution by the State; consequently, it behooved the Attorney General's Office to institute criminal proceedings. Article 68, second paragraph: The ability to bring a criminal action belongs, essentially, to the 16 Attorney General's Office. Injured parties and any Guatemalan may also bring it. 33. Article 77 (1) of that Code provided that victims of crimes had to file a complaint in order to bring criminal and civil actions. However, the same article provided that if the victims did not do so or declared themselves unable to take part in the proceedings, the Attorney General's Office would bring both actions, that is to say, the criminal and the civil action.17 34. Judges had the obligation to open, on their own initiative, an investigation if they learned by any means of the commission of a crime subject to public prosecution. Article 68 (3): Judges and officials are legally bound to proceed on their own initiative to investigate whenever they learn by any means of the commission of a crime or misdemeanor 18 subject to public prosecution. 35. The documentation provided by the petitioners show that Mr. Chitay's forced disappearance was publicly reported on April 25, 1981, by the media, during a press conference conducted by leaders of the Guatemalan Christian Democratic Party, to which the alleged victim belonged. It is also a matter of record that on April 25, 1981, the newspapers "La Hora," "Prensa Libre" and "El Gráfico" published articles on the kidnapping and subsequent disappearance of Mr. Chitay. 15 Article 112, Code of Criminal Procedure in effect in 1981 in Guatemala. Article 68 (2), Code of Criminal Procedure in effect in 1981 in Guatemala. 17 Article 77, Code of Criminal Procedure in effect in 1981 in Guatemala: Victims of a criminal offense must, within the time frame established in this Code, file charges in order to bring criminal and/or civil actions. Failure to do so will not imply that the civil action is waived. However, if the injured parties fail to do so or declare themselves unable to take part in the proceedings, the Attorney General's Office will institute the two legal actions for them; the injured parties will retain their right to be kept informed by the Office and to cooperate with it by taking such steps as they deem necessary to the success of their claim. 18 Article 68 (3), Code of Criminal Procedure in effect in 1981 in Guatemala. 16 6