20
tortured in order to obtain information, and in most cases, this caused their death.50
Furthermore, forced disappearances had the goal of punishing, not only the victim, but also
the political or social collectivity to which the victim belonged and the victim’s own family.
As such, the report, Guatemala, Never Again [Guatemala, Nunca Mas] indicated that “[t]he
selective murders of leaders often had a dimension of harassment towards the families, be
it before or after the facts of violence […] The harassment towards the civil population by
the military forces had, in many parts of the country, a communitarian dimension. The
accusations of participation and support of the guerilla involved, globally, many of the
communities that were denominated as “guerilleras.” 51
68.
Within the conflict, terror became a weapon of social repression, especially against
groups such as unions, universities, political parties, cooperatives, rural leagues, and church
members, among others, to whom all sorts of aggression and threats were directed.52
69.
According to the CEH, numerous arbitrary executions were directed to political party
members, in particular, of the Guatemalan Christian Democracy.53 Likewise, executions took
place in a reiterated and systematic manner of persons belonging to the Mayan groups that
stood out as community leaders.54
B)
Facts regarding the detention and subsequent disappearance
B.1.
About Florencio Chitay Nech
70.
Florencio Chitay Nech, kaqchikel Mayan, was born in the Quimal Village, Semetabaj
Hamlet, on March 2, 193555 and dedicated his life to agriculture.56 He married Marta
50
Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome II, Chapter XI, page 428, para. 2099. Case
Bámaca Velásquez V. Guatemala. Merits. Judgment of 25 of November of 2000. Series C No. 70, para. 132; Case
Molina Theissen V. Guatemala. Merits. Judgment of 4 of May of 2004. Series C No. 106, para. 40.1, and Case Tiu
Tojín, supra note 40, para. 49.
51
Cf. REMHI, Guatemala Nunca Más, supra note 35, Chapter IV, pages 7 and 8, fs. 1012 and 1013.
52
Cf. CIDH. Report on the Human Rights Situation in the Republic of Guatemala, approved on 13 of October
of 1981. Chapter II B, para. 3; CIDH, Report on the Human Rights Situation in the Republic of Guatemala,
OEA/Ser.L/V/II.66, approved on 3 of October of 1985. Introduction, para. 27; CIDH, Annual Report on Guatemala,
1990-91, OEA/Ser.L/V/II.79 rev. 1, Doc. 12, 22 of February of 1991, Selection of victims, para. 223; CEH,
Guatemala: Memory of Silence, supra note 35, Tome II, Chapter XI, page 426, para. 2094; expert opinion of Edgar
Armando Gutiérrez Girón rendered during the public hearing at the Court on 2 of February of 2010, and Case
Molina Theissen V. Guatemala, supra note 50, para. 40.2.
53
Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome II, Chapter X, page 394, para. 1989;
statement of Luis Alfonso Cabrera Hidalgo authenticated by public notary on 7 of January of 2010 (brief of
Preliminary Exceptions, Merits, Reparations and Costs, Tome IV, fs. 527 a 530); statemento of Pablo Werner
Ramírez Rivas rendered before public notary on 7 of January of 2010 (brief of Preliminary Exceptions, Merits,
Reparations and Costs, Tome IV, fs. 588 and 589), and Press releases, El Gráfico, “DC: ‘La represión evita
elecciones libres’”, [the Repressions avoids free elections] date illegible; La Hora “Situación of Violencia: Analizan
Líderes of DC”, [Situation of Violence: Leaders of the DC are Analyzed] 25 of April of 1981 (annexes to the brief of
motions and pleadings, annex 1, fs. 958 to 962).
54
Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome II, Capítulos X and XI, pages 367 and 429,
paras. 1884 and 2102.
55
Cf. Certified copy of expired license No. 12, 203, of Florencio Chitay Nech (annexes to the brief, annex 5,
f. 120), and statement of Pedro Chitay Rodríguez rendered during the public hearing at the Court on 2 of February
of 2010.
56
Cf. Certified copy of expired license No. 12, 203, of Florencio Chitay Nech, supra note 55; statement of
Pedro Chitay Rodriguez rendered before public notary on 10 of May of 2007 (annexes to the brief, annex 1, f. 80);