60.
In July 2005, employees of the Ombudsman’s Office (hereinafter “PDH”) accidentally
discovered, in a former base of the National Police in Guatemala City, videos, photos and
around 80 million pages, among other objects, recording the actions of the National Police
for over 100 years, from 1882 to 1997. 61 This wealth of information has been called the
Historical Archive of the National Police (hereinafter also “Historical Archive of the Police”).
61.
The Historical Archive of the National Police contains military and police plans for
counterinsurgency operations, orders from Police Headquarters, file cards with the political
affiliation of individuals, surveillance reports on the population, transcripts of interrogations,
applications for habeas corpus, telegrams, bulletins, and circulars. 62 The existence of the
Historical Archive of the National Police had been denied by the authorities before it
surfaced. The information contained in the Historical Archive of the National Police confirms
and supplements the information recorded in the Diario Militar. 63
C) The forced disappearance of Edgar Fernando García
62.
Edgar Fernando García was 26 years old and was married to Nineth Varenca
Montenegro Cottom, with whom he had a daughter. 64 He was a primary school teacher and
an administrative employee of the Industria Centro Americana de Vidrio S.A. (hereinafter
“CAVISA”), where he was the Recording Secretary of the labor union. At the time of his
arrest, he belonged to the Negotiating Committee on the Collective Working Conditions
Agreement. He was also connected with Patriotic Youth for Labor of the Guatemalan Labor
Party (hereinafter “the PGT”), the Universidad de San Carlos de Guatemala and the “Oliverio
61
Cf. PDH, El Derecho a Saber, supra, p. IX; PDH. Informe Anual Circunstanciado. Situación de los Derechos
Humanos
en
Guatemala,
2008,
annex
7
of
the
Merits
Report,
p.
250,
Available
at:
http://www.pdh.org.gt/index.php/documentos/informes.html, and testimony given by Velia Muralles Bautista
before the Inter-American Court during the public hearing in this case.
62
Cf. Expert opinion of Rember Aroldo Larios Tobar on the police structure in the case of Edgar Fernando
García provided in the domestic criminal proceedings (file of annexes to the motions and arguments brief, tome I,
folios 1591, 1592, 1593, 1595, 1596, 1598, 1601, 1606, 1607); PDH, supra, pp. Xii, 49, 51, 53, 56, 60, 62, 67,
71, 73, 77, 79, 83, 86, and expert archival report prepared by Velia Muralles Bautista for the domestic criminal
proceedings (file of annexes to the motions and arguments brief, tome I, folios 1742, 1911 and 1912).
63
Cf. Peace Secretariat, supra, p. 167, folio 175.
64
Cf. Copy of Edgar Fernando García’s identity document (file of annexes to the Merits Report, tome II,
annex 31, folio 482); copy of the marriage certificate of Edgar Fernando García and Nineth Varenca Montenegro
Cottom (file of annexes to the motions and arguments brief, tome I, annex 3, folios 1345 and 1346), and copy of
the birth certificate of a Alejandra García Montenegro (file of annexes to the motions and arguments brief, tome I,
annex 4, folio 1348).
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