39 142. On the other hand, this Tribunal has signaled that the freedom of movement and residence may be vulnerable to restrictions de facto if the State has not established the conditions nor foreseen the means that would permit it to be exercised,155 for example when a person is a victim of threats and harassments and the State does not provide the necessary guarantees so that they can move and reside freely in the territory where these actions took place, including when the threats and harassments come from non-state actors.156 143. In the present case, the Court notes that the next of kin of Florencio Chitay Nech had to escape from their community in order to protect their lives against the grave threats and constant persecutions that they suffered along with the other close members of the community, which are framed in the context of systematic violence, characterized by the implementation of the “Doctrine of National Security” by the part of the State against the indigenous Mayan groups and their political leaders in particular. (supra paras. 64, 108, 121, 123, 124). 144. This situation of harassment continued even after the move and affected various members of the extended family and other figures of the municipality. In this regard, the father of Florencio Chitay Nech, Pedro Chitay, and his brother, Jose Carlos Chitay Nech, had been victims of kidnapping in 1985; Eleodoro Onion Camay, husband of the sister of Florencio, had been kidnapped and murdered in 1988; Martin Chitay was kidnapped and murdered in 1990, and his sister, Rose Chitay Aguin, had been assassinated together with her new-born son in a massacre that occurred in the neighborhood of Semetabaj. Together with the aforementioned, as was indicated in the Report of the CEH, on November 21, 1980, Felipe Alvarez, municipal mayor of San Martín Jilotepeque had been the victim of a forced disappearance and his children were beaten, and then three of his children were disappeared.157 Also, on January 6, 1981, the forced disappearance of Mario Augusto Garcia Roca, the Second Council of the Municipality of San Martin Jilotepeque took place.158 145. Additionally, this Tribunal finds that the forced disappearance affected the members of the Chitay Rodriguez family in a particularly grave manner due to their connection with the Mayan indigenous group. As recognized by the expert witness Rosalina Tuyuc, the energetic connection with the land has a fundamental importance in the Mayan vision, for which the abandonment of the community not only was made material for the families that had to flee, but also signified a greater cultural and spiritual loss. She stated that: Many of the sons of the farm workers, or of the Mayans, have their principal connection with Mother Earth […] For the vision of the Mayan peoples, principally this is the connection with the land, with the air, with the water, with the forests, and when one is outside of the community, he or she has practically no energetic connection, and it is this that many of the thousands and hundreds of orphan sons now do not know because the movement of these energies, for having 155 Cf. Case of the Moiwana Community V. Suriname, supra note 151, paras. 119 and 120; Case of the Mapiripan Massacre V. Colombia, supra note 14, para. 170, and Case Valle Jaramillo V. Colombia. Merits, Reparations and Costs. Judgment of 27 of November of 2008. Series C No. 192, para. 139. 156 Cf. Case Valle Jaramillo V. Colombia, supra note 155, para. 139. 157 Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome VIII, Annex II, Case No. 707. 158 Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome VIII, Annex II, Case No. 707.