Diario Militar (hereinafter “the Diario Militar”). The organization obtained access to this document unofficially through an employee of the Guatemalan Army, who had removed it from the archives of this institution. 55 According to studies conducted by State and nongovernment agencies, and the expert evidence provided to the Court, the Diario Militar was prepared by a military intelligence structure which, presumably, was also involved in the actions described in the document. 56 The State has not contested this. 57. The Diario Militar consists of 73 legal-size pages and is divided into six sections. The first five sections contain, inter alia, information on the organization of intelligence files, as well as lists of different human rights organizations. The sixth section contains a list of 183 people with their personal data, membership in organizations, activities and, in most cases, it also contained a passport-size photograph of the person. Each record also indicates the acts perpetrated against that person, including: secret detention, kidnapping and murder. The facts recorded in the Diario Militar occurred between August 1983 and March 1985. 57 58. From an analysis of the Diario Militar, the Guatemalan Peace Secretariat and the National Security Archive determined that this document used codes to describe the facts and also the fate of some of the individuals it mentions. For example, it has been interpreted that the codes “300,” “s/he went with Pancho,” “Pancho took him/her” and “s/he went (+)” placed at the end of a person’s record indicates that they had been killed or died. These codes reveal that most people were executed and that, at times, groups of people were executed on the same day. Furthermore, it has also been interpreted that codes such as “released for contacts” or “regained his/her freedom” meant that the persons had been released in order to obtain information about “other militants in guerrilla organizations.” In addition, certain annotations in the Diario Militar have been interpreted to signify that the persons were transferred to military units other than those where they were initially detained. The final whereabouts of most of the people recorded in the Diario Militar and/or their remains are unknown. 58 59. After studying the Diario Militar, several experts have indicated that, within the Army, the entity that was possibly responsible for the Diario Militar was the presidential intelligence service. 59 Nevertheless, the State has not challenged the authenticity of the Diario Militar before this Court, and it has been verified by corroborating the facts recorded in it against other documents of that era from State and non-government agencies. 60 B.2) The Historical Archive of the National Police 55 Cf. Peace Secretariat, supra, p. 21, folio 33. 56 Cf. Peace Secretariat, supra, p. 167, folio 175. 57 Cf. Diario Militar, supra, sixth section; Peace Secretariat, supra, pp. 21, 22 and 23, folios 33, 34 and 35. 58 Cf. Diario Militar, supra; Peace Secretariat, supra, pp. 24, 25, 157 and 158, folios 36, 37, 166 and 167, and expert opinion of Marco Tulio Álvarez Bobadilla on the historical and political context of the forced disappearance of Edgar Fernando García provided in the domestic criminal proceedings (file of annexes to the motions and arguments brief, tome I, folio 1635). 59 Cf. Peace Secretariat, supra, pp. x and xi, 21, 22 and 167, folios 14, 15, 33, 34 and 175; expert opinion of Marco Tulio Álvarez Bobadilla on the historical and political context of the forced disappearance of Edgar Fernando García provided in the domestic criminal proceedings (file of annexes to the motions and arguments brief, tome I, folio 1550), and expert opinion of Fernando Arturo López Antillón on the effectiveness of habeas corpus during the internal armed conflict provided in the domestic criminal proceedings (file of annexes to the motions and arguments brief, tome I, folios 1981 and 1982). 60 The Guatemala Executive Branch published the report “La autenticidad del Diario Militar a la luz de los documentos hisóricos de la Policía Nacional” recognizing the authenticity of the Diario Militar. Cf. Peace Secretariat, supra, p. 21 and 22, folios 33 and 34. 20

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