B) Life and previous work of A.A. and B.A.
B.1. Life and work of A.A.
81.
Mr. A.A. was born on October 16, 1930, in the Department of Jutiapa. In 1954,
approximately, 93 he married Mrs. C.A., with whom he had the following sons and
daughters: D.A., E.A., B.A., F.A., G.A., H.A. and Y.A. (a disappeared victim in the case of
Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala), and the following grandchildren,
among others: 94 I.A., J.A., K.A., L.A., M.A. and N.A. 95
82.
After his “mandatory period of service” in Guatemala’s National Army between
1954 and 1955 96, Mr. A.A. worked as a carpenter and a farmer, both independently and at
the “Pantaleón” sugar mill. He was dismissed from the mill in 1968 for his activities in
defense of workers’ rights. He was also a catechist, participating in projects to provide
decent housing, 97 and was an “important promote[r]” of a savings and credit cooperative
founded by members of CICM in Escuintla to “nominally combat the precarious poverty in
which the population liv[ed].” 98 The case file shows that in August 1978, Mr. A.A. was the
“fifth member of the Committee for the Improvement of the village ‘Cruz [sic] de la
Esperanza’ […].” 99
83.
In 1983, Mr. A.A.’s son, Y.A., was “disappeared” by State security agents in
Guatemala City, a fact established by the Court in the Judgment delivered in the case of
Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. In that Judgment, the Court
determined that the security forces considered this family “subversive”, for which reason
its members were forced to move around within Guatemala, to Mexico and to the United
States, during the period from 1983 to 1987, approximately. 100
84.
Although the Court does not have information as to when Mr. A.A. joined the
URNG, the file shows that, after the signing of the Peace Accords, on August 9, 1997, he
was granted a “special license for a single return journey to Guatemala as a member of
the international structures of the URNG, […].” 101 Upon his return to Guatemala, Mr. A.A.
resumed his activities as a community leader in the village of Cruce de la Esperanza. On
the one hand, he was involved in establishing the local Development Association for
Individuals with Disabilities of Western and Southern Guatemala (AIDOS). 102In addition,
from January 1998, he promoted the construction of the Community Self-Management
School of the Village of Cruce de la Esperanza and subsequently served as chairman of its
Education Committee, COEDUCA. 103 In March 2001, local residents of the municipality of
93
Cf. Statement of C.A. (File of attachments to submission brief, disk 1, minutes 1:00, 1:48, 1:58), and
Residence Card of A.A. issued on December 12, 1983 (File of attachments to submission brief, pages 805 to 807).
94
The body of evidence shows that Mr. A.A. had more grandchildren; however, only those identified as
presumed victims in this case are mentioned (supra para. 81).
95
The following persons were minors at the time of the events: J.A., born on December 1, 1992, daughter of
E.A. Cf. Birth certificate (Merits file, page 1696); K.A., born on August 29, 1997, son of E.A. Cf. Birth certificate
(Merits file, page 1698), and N.A., born on September 30,1990, son of B.A. (Merits file, page 1704).
96
Cf. Certificate of service, December 13, 1962 (File of attachments to pleadings and motions brief, page
2032).
97
Cf. Statement of B.A. of December 12, 2010 (File of attachments to submission brief, pages 1360 and
1361); Record of inscription in the Civil Register of the Supreme Electoral Tribunal (File of attachments to pleadings
and motions brief, page 2048); Statement of A.A. of October 11, 2004 (File of attachments to submission brief, page
1376); Statement of a member of the CICM of December 1, 2010 (File of attachments to submission brief, page
1348), and Statement of B.A. (File of attachments to submission brief, disk 1, minutes 3:23 and 09:23).
98
Cf. Statement of a member of the CICM of December 1, 2010 (File of attachments to submission brief,
page 1348); Statement of B.A. before the Prosecutor`s Office of Santa Lucía Cotzumalguapa of February 10, 2005
(File of attachments to submission brief, page 821); Statement of B.A. (attached to submission brief, disk 1, minute
9:23), and “In El Cruce de la Esperanza [A.A.] helps his community”, Nuestro Diario, published on July 21, 2003
(File of attachments to pleadings and motions brief, page 2098).
99
Cf. Record of the Secretary of the Departmental Governor of Escuintla of August 16, 1978 (File of
attachments to pleadings and motions brief, page 2038).
100
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 308.
101
Cf. Special license of A.A. (File of attachments to submission brief, page 799).
102
Cf. Leaflet “Training on aspects for the design and management of projects focusing on disability, gender
and multiculturalism for members of AIDOS” of March 2005 (File of attachments to pleadings and motions brief,
pages 2086 to 2087); Statement of B.A. of December 12, 2010 (File of attachments to submission brief, pages 1366
and 1367), and Statement of the former municipal Mayor of December 5, 2010 (File of attachments to submission
brief, page 794).
103
Cf. Contract promising a donation, January 10, 2003 (File of attachments to pleadings and motions brief,
pages 2059 to 2063); Copy of Certificate No. 87 certifying the election of A.A. as Chairman of the Education
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