Edgar Fernando García, and a note indicating certain activities of the CAVISA union, owing
to which a connection is made between this organization subversive groups. 72
65.
On Saturday February 18, 1984, at 10 a.m., Mr. García and Danilo Chinchilla Fuentes
were walking down 3rd Avenue and 7th Street, Zone 11, when they were intercepted by
several uniformed police agents. They both managed to run away. Danilo Chinchilla was
shot and injured; witnesses crowded around him and he was taken to Roosevelt Hospital by
the firefighters. Mr. García was also injured, but he was then arrested. 73 When Mr. García
was searched, he was found to be carrying documents of the CAVISA labor union, based on
which he was identified as a communist; 74 meanwhile, Danilo Chinchilla Fuentes was found
to be carrying some PGT “newspapers.” 75
66.
The Historical Archive of the National Police contains documents recording a “Patrol
and Cleansing Operation” conducted by the National Police from February 17 to 19, 1984.
This operation was part of a “Basic Security Control” plan conducted due to the increased
trafficking of arms, ammunition and food to the subversive groups, and the Police had
received training for it from the National Defense General Staff. All units of the National
Police took part in the operation. The map of Guatemala City was divided into seven sectors,
each of which was assigned to a Police unit. The operations plan established that “those
arrested [would] be taken to the unit corresponding to the sector.” According to these
records, the Fourth Unit of the National Police was in charge of the Patrol and Cleansing
Operation in Zone 11 on the morning of February 18, 1984. 76 Edgar Fernando García was
captured during this operation. 77
March 24, 1980, GT ON 24-03 S003, No. 9101 (file of annexes to the motions and arguments brief, tome I,
annexes 7 and 10, folios 1355 and 1362).
72
The document indicates that the CAVISA leaders had requested the construction of a hospital, which “it is
widely known […] that they want in order to attend to those who are injured in the armed confrontations with
Government security forces in the urban area.” In addition, it indicates that “[t]he print and the quality of the ink
that appeared on the flyers is similar to that which has appeared in the ORPA flyers” and that it was suspected that
the money given by “the employers” to the union “to cover the expenses of activities for the workers […] was
handed over to a clandestine faction.” Cf. AHPN Official Note No. 2-0077-lao/63. GT PN 51-01 S002, No. 4267 (file
of annexes to the motions and arguments brief, tome I, annex 11, folio 1364), and AHPN. File card for Edgar
Fernando García, GT PN 50-08 S001, No. 11361, annex 5 to expert opinion of Marina de Villagrán provided in the
domestic sphere (file of annexes to the motions and arguments brief, tome I, annex 53, folio 1694).
73
Cf. Judgment of the Eighth Crime, Drug-trafficking and Environmental Offenses Court of October 28, 2010,
C-01069-1997-00001 (file of annexes to the motions and arguments brief, tome IV, annex C, folios 3784, 3785
and 3854); CEH, supra, volume VI, p. 146; and testimony given by Nineth Varenca Montenegro Cottom before the
Inter-American Court during the public hearing in this case. See, also, the testimony recorded by Danilo Chinchilla
Fuentes and the transcript (file of annexes to the motions and arguments brief, tome I, annexes 20 and 21, folios
1388, 1391 and 1393). The Eighth First Instance Court that convicted two of the perpetrators of the forced
disappearance of Edgar Fernando García (infra para. 80), indicated that “the judges have no doubt about the truth”
of “the version of Danilo Chinchilla Fuentes that appears on CD and in the transcript,” taking into account, inter
alia, other probative elements provided to the case file and the recognition of Mr. Chinchilla’s voice by a former
close female companion.
74
Cf. CEH, supra, volume II, p. 438, para. 2127; complaint filed by Nineth Varenca Montenegro Cottom
before the PDH of January 22, 1988 (file of annexes to the Merits Report, tome I, annex 16, folio 210); video
entitled “Aún guardamos la esperanza” dated February 2009, supra, parte 1, and affidavit prepared by Alejandra
García Montenegro on April 20, 2012 (merits file, tome II, folio 802).
75
Cf. Testimony recorded by Danilo Chinchilla Fuentes and the transcript (file of annexes to the motions and
arguments brief, tome I, annexes 20 and 21, folios 1384 and 1393).
76
Cf. AHPN. Note No. 2-0405-1C/clp of the National Defense General Staff of January 30, 1984, GT PN 5101 S012; Note No. 12390 and of the National Police of February 7, 1984, GT PN 32 S007, No. 9210 MP-0131-10107; Note No. COC/215-laov of the Joint Operations Center of the General Directorate of the National Police of
February 17, 1984, GT PN 51-01 S012, No. 9043; sketch of Guatemala City with the division into sectors for the
Cleansing Operation, GT PN 51-01 S012, No. 16062; document entitled “Sectors of Guatemala City for Cleansing
Operations by P.N. Units,” GT PN 51-02 S012, No. 15976; Note No. COC/207-laov of the Joint Operations Center of
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