16 41. Among the people detained were Mrs. María Tiu Tojín and her daughter,37 who belonged to the Maya ethnic group. The 86 detainees were transferred to the military base in Santa María Nebaj. In this place María Tiu Tojín and her daughter Josefa were seen for the last time.38 The other 84 people detained were transferred to a camp of the Special Commission for the Attention of Repatriates, Refugees, and Displaced People39 (hereinafter “CEAR”) at Xemamatze. The CEAR officials received from the Army a list of people delivered to its custody and assistance, which included María Tiu Tojín and her daughter.40 However, they never arrived at the CEAR camp41 and there whereabouts are unknown up to this date. According to the practices that existed during the armed conflict (infra para. 49), it is suspected that Mrs. Tiu Tojín remained at the military barracks as a “war prisoner” accused of being a member of the guerrilla.42 Her whereabouts are unknown up to this date. In the case of Josefa Tiu Tojín, there is a possibility that she was handed over to a third party43 or that she was also executed “based on her age and innocence.” 37 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/). In the mentioned report of the CEH it was established that “In November 1990, in the community of Santa Clara, CPR La Sierra, municipality of Chajul, Department of [the] Quiché, members of the Guatemalan Army captured eighty six people and took them to Amachel, municipality of Chajul, where they were detained and tortured for four days, accusing them of being members of the guerrilla. They were later taken by helicopter to Nebaj. Among the victims there was a young mother with her fifteen-day old daughter. The mother was the leader of CONAVIGUA, and that is why soldiers took her to the detachment along with her daughter and nobody has heard of them since. It is suspected that this woman was raped during the time they remained in Amachel.” 38 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/). 39 The Special Commission for the Attention of Repatriates, Refugees, and the Displaced “CEAR” was created at the beginning of 1991 as a dependency of the Presidency of the Republic, with the objective of offering a solution to the problem of refugees, those who returned and those who were displaced during the internal armed conflict. Cfr. Fourth Report on the Situation of Human Rights in Guatemala of the InterAmerican Commission of Human Rights of 1993, Chapter VII (Available at: http://www.cidh.org/countryrep/Guatemala93sp/cap.7.htm). 40 Cfr. list of the those displaced received by the CEAR (dossier of annexes to the application, Annex 1, folio 600). 41 Cfr. copy of the hand-written memorandum of October 20, 1990, registering telephone notices and addressed to the Licentiate Carmen Rosa de León, director of the CEAR and to Lic. Lucrecia de Feliz from the same institution by Jorge Enrique Cancinos (dossier of annexes to the application, Annex 2, folio 602). The note indicated word by word “Matter María Tiu Tojín and her 25-day old daughter are not in Xemamatze. We just received a list and we are still awaiting their arrival.” Cfr. Communication of March 5, 1991 from Carmen Rosa León, Executive Director of the CEAR (dossier of annexes to the application, annex 5, folio 755). 42 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/); and expert opinion of Javier Gurrieran Prieto, offered before a notary public (affidavit) on April 4, 2008 (dossier of merits, volume II, Merits, folios 359 through 381). 43 Cfr. expert opinion of Javier Gurrieran Prieto, offered before a notary public (affidavit) on April 4, 2008 (dossier of merits, volume II, Merits, folios 359 through 381).