21
Rodríguez Quex, and with her procreated children: Encarnación, Pedro, Eliseo, Estermerio
and María Rosaura, all of them with the last name Chitay Rodríguez57.
71.
Florencio Chitay Nech was part of several social causes, community work, and
cultural activities, cooperatives and religious causes, among others.58 Later, in 1973 he
joined rural movements of the region and initiated his political participation by affiliating
with the DCG Party and got involved with the cooperative movement.59
72.
In 1977, the DCG Party presented Florencio Chitay Nech as a candidate for First
Councilman60 in the municipal electoral race of San Martín Jilotepeque, Department of
Chimaltenango. As a consequence of said electoral race, Mr. Chitay Nech was elected.61 At
that moment, such Municipal Council was integrated almost entirely by indigenous people.
73.
According to the report of the CEH, on November 21, 1980 the Mayor of the
Municipality of San Martín Jilotepeque, Felipe Álvarez, disappeared by a contingent
integrated by military and civilians.62 Furthermore, on January 6, 1981, Mario Augusto
García Roca, Second Councilman of the Municipality of San Martín Jilotepeque, also
disappeared.63
statement of Pedro Chitay Rodríguez, supra note 55, and statement of Julián Zet rednered before public notary on
6 of January of 2010 (brief of Preliminary Exceptions, Merits, Reparations and Costs, Tome IV, f. 586).
57
Cf. Certified copy of expired license No. 12, 203, of Florencio Chitay Nech, supra note 55, and statements
of Estermerio, Encarnación, Eliseo, and María Rosaura, all with the last name Chitay Rodríguez, rendered before
public notary on 8 of May, 10 of February, 19 and 26 of April of 2007, respectively (annexes of the brief, annex 1,
fs. 74, 77, 80, 86, and 88), and statement of Pedro Chitay, supra note 56.
58
Cf. Statement of Luis Alfonso Cabrera Hidalgo rendered before a public notary on 10 of October of 2005
(annexes of the petition, annex 1, f. 94); statements of Marco Vinicio Cerezo Arévalo and Egidio Hernández Sutuj
rendered before public notary on 8 of December of 2008 (annexes of the petition, annex 1, fs. 96 and 100);
Statement of Jorge Gustavo Navas Martínez rendered before public notary on 12 of December of 2008 (annexes of
the petition, annex 1, f. 98); Statement of Gabriel Augusto Guerra rendered before public notary on 5 of January of
2010 (brief of Preliminary Exceptions, Merits, Reparations and Costs, Tome IV, f. 578); statement of Pedro Chitay
Rodríguez, supra note 55, and statement of Encarnación Chitay Rodríguez rendered during the public hearing at
the Court on 2 of February of 2010.
59
Cf. Statements of Egidio Hernández Sutuj and Jorge Gustavo Navas Martínez, supra note 58, and
statement of Eliseo Chitay Rodríguez rendered before public notary on 6 of January of 2010 (brief of Preliminary
Exceptions, Merits, Reparations and Costs, Tome IV, f. 571).
60
According to Article 206 of the Electoral and Poitical Parties Law, as well as Article 54 of the Municipal
code, both of them of the Republic of Guatemala, the First Council man is a charge of community service which
functions are: the exercise of role of the Mayr in its absence, to propose measures to avoid abuse and corruption,
to issue reports, to integrate and participate in Commissions, to supervise the administrative action of the Mayr,
among
others.
(Available
at
http://tse.org.gt/descargas/Ley_Electoral_y_de_Partidos_Politicos.pdf
and
http://www.chmguatemala.gob.gt/informacion/legislacion-ambiental/legislacion-comun-de-relevanciaambiental/Codigo%20Municipal.pdf)
61
Cf. CEH, Guatemala: Memory of Silence, supra note 35, Tome VIII, Annex II, Case No. 707; Statement of
Luis Alfonso Cabrera Hidalgo, supra note 58; statements of Marco Vinicio Cerezo Arévalo and Egidio Hernández
Sutuj, supra note 58, fs. 96 and 100; Statement of Jorge Gustavo Navas Martínez, supra note 58, and Statement
of Norberto Álvarez Capir rendered before a public notary on 12 of December of 2008 (annexes of the petition,
annex 1, f. 102), and statement of Pedro Chitay Rodríguez, supra note 55.
62
Cf. CEH, Guatemala: Memory of the Silence, supra note 36, Volume VIII, Cases Presented, Annex II, Case
707, page 175.
63
Cf. CEH, Guatemala: Memory of the Silence, supra note 36, Volume VIII, Cases Presented, Annex II, Case
707, page 175.