19
del Quiché,60 decided that by virtue of the fact that the facts denounced were
committed within the municipality of Santa María Nebaj, the competent judge to
exercise jurisidiction is the First Instance Court for Criminal, Narcotis, and
Environmental Offenses of Santa María Nebaj. Subsequently, this court received the
dossier through the order of July 7, 2008 and it forwarded it to the Public
Prosecutors’ Office for its investigation.61
*
*
*
48.
The arrest and subsequent forced disappearance of María Tiu Tojín and her
daughter were not isolated facts. In Guatemala, between the years 1962 and 1996
there was a domestic armed conflict that resulted in elevated human, material,
institutional, and moral costs. It has been estimated that during this time “more than
two hundred thousand people” were victims of arbitrary executions and forced
disappearances, as a consequence of the political violence.62 In ethnical terms
“83.3% of the victims of violations to human rights and acts of violence registered by
the [Commission for Historic Explanations (hereinafter the “CEH”)] belonged to any
Mayan ethnic group, 16.5% belonged to the mestizo group and 0.2% to other
groups.63
49.
As has been established in other cases regarding Guatemala brought before
this Tribunal,64 the forced disappearance of persons in that country constituted a
practice of the State during the time of the internal armed conflict carried out mainly
by agents of its security forces, through which members of insurgent movements or
people identified as inclined to insurgency were captured and held secretly without
informing a competent, independent, and impartial legal authority, and they were
physically and psychologically tortured in order to obtain information and, possibly,
even murdered.
50.
The internal armed conflict “created a scenario that favored the exposure of
children to be exposed to a multiplicity of violations. It has been documented that in
the execution of military operations […] boys and girls were the victims of forced
disappearances.”65
60
Cfr. order of June 17, 2008 of the Court of the First Instance for Criminal, Narcotics, and
Environmental Offenses of Santa Cruz, Department of the Quiché (dossier of merits, volume III, folio
720).
61
Cfr. certificate of July 7, 2008 of the Court of the First Instance for Criminal, Narcotic, and
Environmental Offenses of Santa María Nebaj, Department of the Quiché (dossier of merits, volume III,
folio 722)
62
Cfr. CEH, Memoria del Silencio, Volume V, Conclusions and Recommendations, page 21 (Available
at http://shr.aaas.org/guatemala/ceh/gmds_pdf/).
63
Cfr. CEH, Memoria del Silencio, Volume II, Conclusions and Recommendations, page 321 and 322
(Available at http://shr.aaas.org/guatemala/ceh/gmds_pdf/).
64
Cfr. Case of Bámaca Velásquez v. Guatemala, supra note 16, para. 132 and Case of Molina
Theissen v. Guatemala, supra note 16, para. 40(1)
65
Cfr. ODHAG, Report “Hasta Encontrarte: Niñez Desaparecida por el conflicto armado interno en
Guatemala”, 2000, page 29.