36. In addition, the forced disappearance of Mr. Chitay was acknowledged in the report of the Guatemalan Historical Truth Commission titled "Memory of Silence," published in 1999. 19 37. It is also a matter of record that on October 12, 2004, Pedro Chitay, son of the alleged victim, filed a habeas corpus application with the First Criminal Justice of the Peace in Guatemala City, seeking an order to have the officials who had illegally arrested his father submit a detailed report on the reasons for his arrest. On October 14, 2004, the court acknowledged receipt of the habeas corpus application, ordered that Florencio Chitay should be brought before the court, and that the authorities, "officials or persons presumably responsible should produce him, present the original or a copy of the existing proceedings or record, and report on the reasons for these events." 20 Case file No. 2452-2004, the habeas corpus application in favor of Florencio Chitay, shows that the court made inquiries with the National Civil Police 21 and the General Bureau of the Penitentiary System. 22 38. After taking those steps, the court requested assignment of the case to the proper tribunal and it was assigned to the Second Court of the Lower Circuit for Criminal, Drug and Environmental Offenses. This court, on November 4, 2004, ruled found the habeas corpus application inadmissible because there was no evidence that Mr. Chitay had been arrested. Notice of this decision was given to Pedro Chitay on November 23, 2004. 39. Under Article 109 of Decree 1-86 on the Legal Protection, Habeas Corpus and Constitutionality Law, if as a result of steps taken in habeas corpus proceedings indications surface that a person has disappeared, the court must immediately order an investigation. Article 109: Investigation in case of missing persons. If the steps taken lead to indications that the person in whose behalf the application was filed has disappeared, the court will immediately order an investigation of the case. Police authorities must inform the court, the Human Rights Solicitor and the interested parties about the investigation made, which must continue until there is definite information on the whereabouts of the missing person; the Habeas Corpus Court, in turn, will send a report on the steps taken and any subsequent news to the Supreme Court of Justice. 40. The Inter-American Court has held that habeas corpus may be an effective means of locating a person even after a long time has gone by since the person disappeared. The Court considers that habeas corpus may be an effective means of locating a person or ascertaining whether the person's personal freedom has been violated, even if the person is no longer in the custody of the State but has been placed in the custody of a private party, or even if 23 a long time has gone by since the person disappeared. 41. Accordingly, the Commission finds that, from the very moment Mr. Chitay's kidnapping was reported to the National Police, the State was under an obligation to open an investigation, and this obligation continues to this day because forced disappearance of persons is a crime of an ongoing nature. 42. Guatemalan courts, furthermore, were duty-bound to investigate as well, because the matter was publicly reported in April 1981, included in the 1999 public report from the Historical Truth Commission, and again reported to the courts in 2004 when the habeas corpus application was filed. 19 Historical Truth Commission, Guatemala, Memory of Silence, Volume VIII, cases presented, Annex II, case 707 (1999). 20 Ruling dated October 14, 2004, First Criminal Justice of the Peace on duty in Guatemala City. Document in the record. 21 Habeas Corpus Affidavit No. 2452-2004 dated October 15, 2004. Document in the record. 22 Habeas Corpus Affidavit No. 2452-2004 dated October 15, 2004. Document in the record. 23 I/A Court H.R., Case of the Serrano Cruz Sisters. Judgment of March 1, 2005, Series C No. 120 para. 79. 7