22
74.
As a consequence of the disappearance of the Mayor, Florencio Chitay Nech assumed
responsibility as Mayor.64 Starting on June, 1980, Mr. Chitay Nech received several
anonymous notes “in which he was invited to neglect all the activities he carried out,
meaning to leave his office at the municipality; to retire from the cooperative and rural
movements, since all those actions were considered subversive.”65 Furthermore, in 1980,
several threats perpetrated against Florencio Chitay Nech and his next of kin took place,
such as kidnapping attempts and attacks against his residence (infra para. 128). Hence, the
Chitay Rodríguez family fled to Guatemala City,66 wherein they settled in a rental room.67
B.2
Detention and later disappearance of Florencio Chitay Nech
75.
Days before his disappearance, Florencio Chitay Nech spoke to his older sons and
expressed to them that “he felt persecuted, that something could happen to him.”68 On April
1, 1981, Mr. Chitay Nech left his residence in Guatemala City to buy firewood, accompanied
by his son Estermerio Chitay. In front of the firewood store, a group of armed men got out
of a vehicle, said the name of Florencio Chitay Nec,h and tried to get him in the vehicle with
the use of force, hitting him in the head. One of the men took the kid from the arm and
pointed his gun at him, so Mr. Chitay Nech stopped resisting and got in the vehicle. Later,
Estermerio ran to his house and told his family what had happened.69
76.
The next of kin of Florencio Chitay Nech, having found out about his detention, went
to the National Police,70 a fact that will be examined in Chapter X. Likewise, they looked for
him in hospitals and morgues without obtaining any information.71 Later, on April 25, 1981,
the leaders of the DCG party publicly denounced the kidnapping of Florencio Chitay Nech
during a press conference,72 which was reported via means of communication.73
64
Cf. Statement of Eliseo Chitay Rodríguez, supra note 57, f. 86; Statement of Jorge Gustavo Navas
Martínez, supra note 58; Statement of Luis Alfonso Cabrera Hidalgo, supra note 58; statement of Pedro Chitay
Rodríguez, supra note 55, and statement of Encarnación Chitay Rodríguez, supra note 58.
65
Cf. Petition No. P-208-05 of the representatives on 2 of March of 2005 (annexes of the petition, f. 504);
statement of Pedro Chitay Rodríguez, supra note 55, and statement of Encarnación Chitay Rodríguez, supra note
58.
66
Cf. Statement of Pedro Chitay Rodríguez, supra note 55; statement of Encarnación Chitay Rodríguez,
supra note 58, and Statement of Julián Zet, supra note 56, f. 585.
67
Cf. Statement of Pedro Chitay Rodríguez, supra note 55, and Statement of Encarnación Chitay Rodríguez
supra note 57, f. 77.
68
Cf. Statement of Pedro Chitay Rodríguez, supra note 55.
69
Cf. Statement of Estermerio Chitay Rodríguez, supra note 57, fs. 74 and 75; statement of Pedro Chitay
Rodríguez, supra note 55, and statement of Encarnación Chitay Rodríguez, supra note 58.
70
Cf. Statement of Pedro Chitay Rodríguez, supra note 55, and statement of Encarnación Chitay Rodríguez,
supra note 58.
71
Cf. Statement of Pedro Chitay Rodríguez, supra note 55.
72
Cf. Statement of Luis Alfonso Cabrera Hidalgo, supra note 58, and Statement of Marco Vinicio Cerezo
Arévalo, supra note 58.
73
Cf. Press releases, El Gráfico, “DC: ‘La represión evita elecciones libres’”, and La Hora, “Situación of
Violencia Analizan Líderes of DC”, supra note 53. It is also relevant to note that there are imprecisions regarding
the date of the press realse, given that this Article is dated 25 of April 1981 and it describes the press conference
of the day before, when the facts of the petition, allegations of the parties, and statements of the alleged victims
took place on the same date of 25 of April of 981.