17 42. According to her baptism certificate, at the time of her disappearance Mrs. Tiu Tojín was 27 years old.44 Josefa, on her part, was approximately one month old.45 At the time of her detainment María Tiu Tojín was part of the Community of Population in Resistance of Santa Clara, known as “la Sierra”.46 She was also linked to the Council of Ethnic Communities Runujel Junam (hereinafter “CERJ”) and to the National Committee of Widows of Guatemala CONAVIGUA,47 organizations that had promoted the non-participation of the Civil Self-Defense Patrols during the internal armed conflict in Guatemala. 43. On October 14, 1990 Juan Tum Mejía presented before the judge of Paz, Santa Cruz of El Quiché a habeas corpus in favor of Mrs. Tiu Tojín and her daughter Josefa.48 The next day, the CERJ presented a habeas corpus before the Human Rights Ombudsman and the president of the Supreme Court of Justice in favor of the victims.49 On November 4, 1990 Victoria Tiu Tojín presented a habeas corpus in favor of her sister María and her niece Josefa Tiu Tojín before the court of Paz, Santa Cruz of El Quiché.50 On November 20, 1990 Victoria Tiu presented a brief to the Auxiliary Human Rights Ombudsman in which she denounced the disappearance of María Tiu Tojín and Josefa and the threats made by the military commissioners against them.51 44. The habeas corpus filed by Juan Tum Mejía and Victoriana Tui Tojín (supra para. 43) were declared inadmissible on December 20, 1990 by the Second First Instance Criminal Court of the Quiché, which ordered the “investigation of the whereabouts of the […] victims and the corresponding prosecution of those responsible.”52 44 Cfr. proof of baptism issued on January 13, 2005 by the Parish of Santo Domingo de Guzmán, Sacapulas, El Quiché (dossier of annexes to the brief of pleadings and motions, Annex D, folio 1374). According to the document María Tiu Tojín was born on November 15, 1962. 45 Cfr. list of those displaced received by the CEAR (dossier of annexes to the application, annex 1, folio 600). 46 Cfr. CEH, Guatemala, Memoria del Silencio, Volume X, Annex II: Cases Presented, pages 1210 and 1211, (Available at http://shr.aaas.org/guatemala/ceh/gmds_pdf/). 47 Cfr. statement of Victoriana Tiu Tojín offered before the Inter-American Court of Human Rights during the public hearing held on April 30, 2008, and CEH, Guatemala, Memoria del Silencio, Volume X, Annex II: Cases Presented, pages 1210 and 1211, (Available at http://shr.aaas.org/guatemala/ceh/gmds_pdf/). 48 Cfr. habeas corpus filed by Juan Tum Mejía before the Judge of Paz of Santa Cruz of the Quiché on October 14, 1990 (dossier of annexes to the application, annex 5, folio 792). 49 Cfr. habeas corpus filed by the Council of Ethnic Communities Runujel Junam CERJ on October 15, 1990 before the Human Rights Ombudsman (dossier of annexes to the application, annex 5, folio 790). 50 Cfr. habeas corpus filed by Victoriana Tiu Tojín before the Court of Paz of Santa Cruz of the Quiché on November 4, 1990 (dossier of annexes to the application, annex 5, folio 793). 51 Cfr. complaint filed by Victoriana Tiu Tojín before the Auxiliary Human Rights Ombudsman of the Department of the Quiché on November 20, 1990 (dossier of annexes to the application, annex 5, folio 794). 52 Cfr. order of the Second First Instance Criminal Court of the Department of the Quiché of December 20, 1990 (dossier of Annexes to the application, annex 5, folios 612 through 616).

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