the investigation in which the alleged victim took part was a major source of information for a report
published in January 2000 by the United Nation's Special Rapporteur on the sale of children, child
prostitution and child pornography, following his visit to Guatemala. The Rapporteur's report attracted
considerable publicity shortly before Mayra went missing.80 It added that further factors suggesting that her
disappearance may have been politically motivated were that she had had a brother and a sister who were
political activists that disappeared in the 1980s.81
65.
Amnesty International also said that Ms. Gutié rrez was listed on a Guatemalan military
intelligence database compiled during the 1980s that was made public on May 7, 2000, by the then-Secretary
of Strategic Affairs of the Presidency.82 It said that he had found the list on a government computer, and
published it “to deflect criticism after killings of protestors in the capital in April 2000.”83 Amnesty said that
the list of “suspected subversives” contained the names of 650,428 people, each with a code number
apparently referring to their status.84
66.
On June 1, 2000, the Ninth Court of First Instance for Criminal Matters, Drug Trafficking and
Environmental Crimes announced that the whereabouts of Ms. Gutiérrez had not been determined in the
framework of the habeas corpus petition.85 Consequently, it ruled that "the organ responsible for criminal
prosecutions should conduct the necessary investigation into the disappearance of Ms. Mayra Angelina
Gutiérrez.”86
67.
On June 2, 2000, the Office of the Human Rights Ombudsman received a signed report from
the General Directorate of Migration stating with respect to Ms. Gutiérrez that there was "no record of any
migratory movements for her ... during the period since April 6 of this year.”87
68.
On June 8, 2000, authorities and faculty at the Psychology School of San Carlos University
sent another communication to the Constitutional President of the Republic saying, “[M]ore than two months
have passed since [Mayra's disappearance] and there is still no concrete information on the matter.”88 That
same day, they informed the Director of the National Civil Police that they were "concerned at receiving no
news from the agency under his command or from the Public Prosecution Service.”89 Subsequently, on June
19, 2000, they again requested the Director of the National Civil Police to intervene in the case.90 In that
request they added that in statements to a media outlet the Director of the National Civil Police had said that
80 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
81 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
82 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Amnesty International, Guatemala’s
Lethal Legacy, Madrid, 2002, p. 74. Enclosed with the petitioners' brief received by the IACHR on October 30, 2000.
83 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
84 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
85
Annex 1. Judicial record, p. 40. Enclosed with the State's communication of November 23, 2014.
86
Annex 1. Judicial record, p. 40. Enclosed with the State's communication of November 23, 2014.
87 Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with the petitioners' brief received by
the IACHR on October 30, 2000.
88 Annex 24. Communication from the Psychology School of San Carlos University to Alfonso Portillo, Constitutional President
of the Republic, June 8, 2000. Enclosed with the petitioners' brief received by the IACHR on October 30, 2000.
89 Annex 24. Communication from the Psychology School of San Carlos University to the Director of the National Civil Police,
June 8, 2000. Enclosed with the petitioners' brief received by the IACHR on October 30, 2000.
90 Annex 24. Communication from the Psychology School of San Carlos University to the Director of the National Civil Police,
June 19, 2000. Enclosed with the petitioners' brief received by the IACHR on October 30, 2000.
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