42.
The petitioners say that a witness, who, "for her own personal safety" preferred to remain
anonymous, declared that she had seen Mr. Gómez and Mr. Cardona at 6:20 p.m.12 on March 13, 1995. They
say that said witness declared as follows:
(...) two men (...) were inside a green vehicle parked in a motorcycle garage. (...) they hit
Yovany Gómez repeatedly in the face. Shortly after Yovany Gómez and Gustavo Cardona left
the street, the car was seen heading in the same direction.13
43.
According to a communication from the Unión Sindical de Trabajadores de Guatemala, the
disappearance occurred at kilometer 6 of the highway known as Carretera al Atlántico.14
C.
Regarding the complaints filed through March 18, 1995.
44.
The petitioners stated that on March 14, 1995, Mr. Gómez's parents went to the National
Police to report the disappearance of their son.15 They said that the police officers assured that "the matter
would be quickly looked into,"16 but without say what inquiries they would make.17
45.
On March 16, 1995, the Trade Union sent a communication to the Ministry of the Interior,18
asking for a hearing to provide information regarding Mr. .Gómez's disappearance. The next day, the Trade
Union sent another communication to the Ministry of the Interior.19 The Trade Union indicated that the
disappearance had occurred at 7:30 p.m. on March 13, 1995, at kilometer 6 of the Carretera al Atlántico.20
46.
The following day, UNSITRAGUA once again sent a note along the same lines to the Ministry
of the Interior.21 The petitioners said that no reply was received to this or the earlier communications.22
UNSITRAGUA also issued a press release asking the President of the Republic to take all necessary steps to
locate Mr. Gómez's whereabouts.23
47.
The petitioners stated that on March 18, 1995, Mr. Gómez's father again went to the National
Police to find out how the investigation was proceeding.24 They maintained that the National Police told him
that:
(...) no action had been taken and the police could not assign anyone to the case until the
following Monday, when the family would provide a vehicle to conduct the investigation
because they (the police) did not have one.25
12
Original petition
13
Original petition
14
Communication from Unión Sindical de Trabajadores de Guatemala. Annex C to the original petition.
15
Original petition
16
Original petition
17
Original petition
18
Communication from Unión Sindical de Trabajadores de Guatemala. Annex C to the original petition.
19
Communication from Unión Sindical de Trabajadores de Guatemala. Annex C to the original petition.
20
Communication from Unión Sindical de Trabajadores de Guatemala. Annex C to the original petition.
21
Communication from Unión Sindical de Trabajadores de Guatemala of March 17, 1995. Annex to the initial petition.
22
Original petition
23
Original petition
24
Original petition
25
Original petition
7