67. At 3 a.m. the following morning, Mr. García’s wife, Mrs. Montenegro, heard a whistle like the one her husband always used for her to open the door. However, upon opening the door, she came face to face with heavily armed men, who searched the house and took, among other elements, documents belonging to Mr. García. The family received information from third parties indicating that Edgar Fernando was alive until December 1984 and had been seen in secret prisons. 78 68. Mr. García’s case was included among the exemplary cases in the report of the CEH. In this regard, the CEH indicated that it had “reached the conviction that State agents captured Edgar Fernando García and made him disappear.” The CEH specified that the “capture was carried out by members of the Special Operations Brigade (BROE) of the National Police,” at a roadblock set up “by the El Guarda market,” when he was with Danilo Chinchilla, and where they were “obliged to […] stop, but [when] they tried to escape, [… the Police] responded by firing at them, injuring both of them.” According to the CEH, subsequently, Edgar Fernando García “was taken to the Fifth Unit of the PN,” while Mr. Chinchilla was taken to a hospital and “[p]robably [… was] recaptured” in September that year, following which nothing more was heard of him. 79 In addition, the CEH report includes information from witnesses, according to which Mr. García had been seen in a detention center that “may have been behind the Liceo Guatemala,” and also that “he could have been held captive in a secret prison, near Villa de Guadalupe, zone 10, Guatemala City,” where, presumably, “[h]e was in a very bad condition, cruelly tortured.” 80 The CEH concluded that it could be presumed that Edgar Fernando García had been “executed by State agents, on the orders, or with the acquiescence of higher authorities” and that this case was “illustrative of the creation of a covert system of quasi-State justice, […] against political or social opponents who were non-combatants” and “corresponds to the application of a criminal policy designed to eliminate opposition leaders connected to the Universidad de San Carlos de Guatemala.” 81 D) Search and investigation of the events the General Directorate of the National Police of February 17, 1984, GT PN 23, No. 16636, and document entitled “Table showing chain of command of the operations of the National Police Units, School and Narcotics Branch in different zones of the capital,” GT PN 51-02 S021, No. 6017 (file of annexes to the motions and arguments brief, tome I, annexes 12, 13, 15, 16, 17, 18, 19 and 26, folios 1366, 1368 to 1370, 1374, 1376, 1378, 1382 and 1405); Judgment of the Eighth Crime, Drug-trafficking and Environmental Offenses Court of October 28, 2010, C-010691997-00001 (file of annexes to the motions and arguments brief, tome IV, annex C, folios 3798, 3799 and 3858), testimony given by Velia Muralles Bautista before the Inter-American Court during the public hearing in this case. 77 Cf. Judgment of the Eighth Crime, Drug-trafficking and Environmental Offenses Court of October 28, 2010, C-01069-1997-00001 (file of annexes to the motions and arguments brief, tome IV, annex C, folios 3784, 3785 and 3857 to 3858), and AHPN. Note No. COC/162-WA of the Joint Operations Center of the General Directorate of the National Police of February 10, 1984, GT PN 23, No. 16639 (file of annexes to the motions and arguments brief, tome IV, annex B, folio 3659). 78 Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public hearing in this case; note of the No. 10 Prosecutor of the Guatemalan District Prosecutors to the Secretary of the Supreme Court of Justice of March 11, 1999 (file of annexes to the Merits Report, tome I, annex 18, folio 225); Judgment of the Eighth Crime, Drug-trafficking and Environmental Offenses Court of October 28, 2010, C-010691997-00001 (file of annexes to the motions and arguments brief, tome IV, annex C, folios 3785 and 3786); testimony of Nineth Varenca Montenegro Cottom addressed to the United Nations High Commissioner for Human Rights (file of annexes to the Merits Report, tome I, annex 15, folio 206); complaint filed by Nineth Varenca Montenegro Cottom before the PDH on January 22, 1988 (file of annexes to the Merits Report, tome I, annex 16, folios 210, 212 and 213). 79 Cf. CEH, supra, volume VI, pp. 146 and 152. 80 Cf. CEH, supra, volume VI, p. 148. 81 Cf. CEH, supra, volume VI, pp. 152 and 153. 24