40 been denied, induced to be outside their community […] and outside of the ancestral customs of the indigenous peoples. […] “[T]his cultural loss is non-quantifiable [so that] in many families, it signifies a self-prohibition […] of not speaking the language, of not using their dress, not saying where one is from, not saying who is their father, who is their mother, to hide the identity, and to hide the last name, because to talk of an indigenous last name signifies immediate death.” 146. Also, the displacement of the next of kin of Florencio Chitay Nech out of his community provoked a rupture with his cultural identity, which signified the total eradication of any reference to the life that he had before the persecution, including his culture, language and his ancestral past.159 147. Consequently, conforming to the constant jurisprudence on indigenous matters, through which the relationship of the indigenous groups with their territory has been recognized as crucial for their cultural structures and their ethnic and material survival,160 the Tribunal considers that the forced displacement of the indigenous peoples out of their community or from their members can place them in a special situation of vulnerability, that for its destructive consequences regarding their ethnic and cultural fabric, generates a clear risk of extinction and cultural or physical rootlessness of the indigenous groups,161 for which it is indispensable that the States adopt specific measures of protection162 considering the particularities of the indigenous peoples, as well as their customary law, values, uses, and customs,163 in order to prevent and revert the effects of said situation. 148. Regarding the return to his community, the Tribunal observes that until now, the next of kin of Florencio Chitay Nech have not been able to return in a permanent manner to San Martin Jilotepeque, due to the well-founded fear that the possibility continues of suffering reprisals as a consequence of what has happened to their father and persons close to their family. Said fear continues affecting also the other next of kin and friends of the Chitay Rodriguez family that know of the facts and for which reason they decided not to give testimony.164 In this sense, the next of kin of Mr. Chitay Nech have expressed their conviction of not being able to return to San Marin Jilotepeque while they do not have 159 According to the representatives, the Chitay Rodriguez siblings were obligated to not use their father’s last name and to identify themselves using their mothers last name, Rodriguez, and to leave their Mayan cultural heritage unattended, so as to maintain their father’s memory alive and accomplish his wishes. 160 The Court has determined that the culture of the members of the indigenous communities corresponds to a particular form of life, of being, seeing, and acting in the world, constituted from their close link with their traditional lands and natural resources, not only because they provide their means of subsistence, but also because they constitute an element part of their cosmovision, religiosity and, therefore, of their cultural identity. Cf. Case Yakye Axa Indigenous Community V. Paraguay, Judgment of Merits, Reparations and Costs of 17 of June of 2005, para. 135; Case Sawhoyamaxa Indigenous Community V. Paraguay, Judgment of 29 of March of 2006, para. 118. 161 Cf. Order 004/009 rendered on 26 of January of 2009, Constitutional Court of Colombi, part 4, page 11. Available at http://www.acnur.org/biblioteca/pdf/6981.pdf. 162 Cf. Guiding Principles on Internal Displacement, supra note 150, Principle 9. 163 Cf. Case Yakye Axa Indigenous Community V. Paraguay, supra note 160, para. 63; Case Sawhoyamaxa Indigenous Community V. Paraguay, supra note 103, para. 83, and Case of Saramaka People V. Suriname. Preliminary Exceptions, supra note 103, para. 178. 164 Cf. Statement of Pedro Chitay Rodríguez, supra note 56, f. 85, and Statement of María Rosaura Chitay Rodríguez, supra note 57, f. 90.