35 of kin as decided by Mr. Chitay Nech. In the third attack, the assailants came into the house, and not finding Mr. Chitay Nech, set some of the belongings of the family on fire.130 129. As a consequence of these attacks, the Chitay Rodríguez family fled to Guatemala City (supra para.74). Florencio Chitay Nech traveled using a road that was not guarded by the Army. Some days later, Encarnación and Marta Rodríguez Quex, traveled with María Rosaura Chitay Rodríguez (hereinafter “María Rosaura Chitay” or “María Rosaura”) under her arm, took the same route. For their part, Pedro, Eliseo and Estermerio took the route guarded by the Army and pretended to be sons of a cousin, and given that they were minors, they were not asked for documents.131 At that moment, María Rosaura; Estermerio; Eliseo; Pedro, and Encarnación, were 8 months old, and 5, 9, 12, and 15 years of age,132 respectively. 130. Upon their arrival to Guatemala City, the Chitay Rodríguez family moved into a rental room (supra para. 74). While, Mr. Chitay Nech worked at a refrigeration workshop, his wife sold tortillas.133 On April 1, 1981, Florencio Chitay Nech was illegally detained in front of his 5 year old son, Estermerio Chitay. The child was pointed at with a gun by one of the kidnappers, so his father would not resist. (supra para. 75). 131. After several weeks of the forced disappearance of Florencio Chitay Nech, Marta Rodríguez Quex with her children Pedro, Eliseo, Estermerio, and María Rosaura Chitay Rodríguez returned to San Martin Jilotepeque. In that sense, the representatives indicated that the members of the Chitay Rodríguez family stayed in San Martín Jilotepeque until approximately 1984, the year in which they left permanently when finding out that the persons that had taken their father were looking for the surviving members of the family. 132. The Court observes that neither the Commission nor the representatives pointed out what happened specifically in the period between the return of the next of kin of Mr. Chitay Nech to the community of San Martín Jilotepeque and after March 9, 1987, when Guatemala acknowledged the adjudicatory jurisdiction of the Tribunal. However, considering the context in which the facts took place, the declarations of the alleged victims, the witnesses, as well as the reports of the experts, the Tribunal has proved the following: 133. Once Florencio Chitay disappeared, the Chitay Rodríguez family stayed in Guatemala City for approximately two months. Due to their precarious condition, they went back to 130 Cf. Statement of Encarnación Chitay Rodríguez, supra note 57; Statement of Pedro Chitay Rodríguez, supra note 56, fs. 80 and 8; Statement of Eliseo Chitay Rodríguez, supra note 57; statement of Pedro Chitay Rodríguez, supra note 55; statement of Encarnación Chitay Rodríguez, supra note 58, and Statement of Gabriel Augusto Guerra, supra note 58, fs. 577 and 578. 131 Cf. Statement of Encarnación Chitay Rodríguez, supra note 57; Statement of Estermerio Chitay Rodríguez, supra note 57; Statement of Pedro Chitay Rodríguez, supra note 56, f. 81; statement of Encarnación Chitay Rodríguez, supra note 58, and Statementof Estemerio Chitay Rodríguez rendered before public notary on 11 of January of 2010 (brief of Preliminary Exceptions, Merits, Reparations and Costs, Tome IV, fs. 592 and 593). 132 Cf. Birth certificates of Encarnación Chitay Rodríguez, Pedro Chitay Rodríguez and Eliseo Chitay Rodríguez, renderd on 31 of May of 2007 by the Civil Registry of the Municipality of San Martín Jilotepeque, Department of Chimaltenango (brief of Preliminary Exceptions, Merits, Reparations and Costs, Tome V, fs. 889, 890 and 915), and birth certificates of Estermerio Chitay Rodríguez and María Rosaura, both Chitay Rodríguez rendered on 1 of June of 2007 by the Civil Registry of the Municipality of San Martín Jilotepeque, Departament of Chimaltenango (brief of Preliminary Exceptions, Merits, Reparations and Costs, Tome V, fs. 892 and 893). 133 Cf. Statement of Pedro Chitay Rodriguez, supra note 55, and statement of Encarnacion Chitay Rodriguez, supra note 58.