34
Displacement of the civilian population is notable […] due to its massive character and its
destructive effect. […] It implies the dismemberment of families and communities, at the same
time that the cultural ties that conformed their cohesion were altered. The terror without
precedent […] unleashed the massive fleeing of diverse people, whose majority was formed by
Mayan communities […]. The estimate of those displaced oscillates between 500 thousand and
one million and a half persons in the most affected period (1981-1983), adding those that were
internally displaced and those that were obligated to seek refuge outside the country. […] For
some families the displacement was not longer than a few weeks; some others remained outside
their community for years. Nevertheless[,] the grade of destruction and the effects that took
place during their absence were frequently similar.126
124.
In the same sense, the report, Guatemala, Never Again, stated that:
Due to the material destruction of their belongings, their goods obtained and built over a lifetime
and the fear of losing their lives, the inhabitants of these forced communities were dispersed and
displaced to go to different places because of fear. […] For some of them, it serves as a stimulus
to go back to their devastated communities, for others, on the other hand, it is not; due to the
horror of the facts that obligated them to leave their community. Despite the desire to come
back and recover their property, the fear makes them stay in the new location in which they
settled.127
125. The violence of the armed conflict had a grave impact on the indigenous Mayan
families, since it did not only cause, in many cases, the disappearance of one of the parents
and/or separation of the children, but it also signified the abandonment of their
communities and traditions.128
126. The Tribunal observes that the larger part of the indigenous Mayan population,
specifically that of rural areas, live in communities which represent the minimum unit of
social organization with an authority system of its own. The communities are territorial
spaces, generally villages or hamlets, that have a legal-political structure based around an
auxiliary Mayor’s office, that constitute a grid of social, economic, cultural, and religious
relations.129
127. This context is the framework of the situation of the indigenous Mayan kaqchikel
family Chitay Rodríguez, that was formed by the father Florencio Chitay Nech, the mother
Marta Rodríguez Quex and the children Encarnación, Pedro, Eliseo, Estermerio and María
Rosaura Chitay Rodríguez, that resided in the Municipality of San Martín Jilotepeque,
Department of Chimaltenango (supra para. 70).
128. Florencio Chitay Rodríguez suffered three kidnapping attempts and attacks against
his domicile. In November 1980, the first attack against the family domicile was registered,
during which the kidnappers came to his home and shot machine guns at his house. The
second attack took place a few days after; this time they entered the interior of the house
and shot. At that moment, the children were spending the night in the house of their next
126
CEH, Guatemala: Memory of Silence, supra note 35, Tome IV, Chapter III, pages
119 and 120, para.
4193.
127
REMHI, Guatemala Nunca Más, supra note 35, fs. 1387 and 1388.
128
Cf. Expert opinion of Rosalina Tuyuc rendered during the public hearing at the Court on February 2, 2010.
129
CEH, Guatemala: Memory of Silence, supra note 35, Tome IV, Chapter III, page 164, para. 4328.
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