considered that a further 55 archives must remain confidential.71 According to expert
witness Alejandro Valencia Villa, only six of the declassified documents were from the period
from 1980 to 1986.72 Regarding the documentation that was made public, expert witness
Doyle indicated that “it is a random collection, without a clear or evident declassification
logic, containing thousands of pages of information that is trivial and useless for human
rights investigators.”73 The Declassification Commission did not publish its final report. 74
C) The Diario Militar and the victims in this case
69.
This case was presented with regard to the forced disappearances of 26 people that
were recorded in the Diario Militar and that occurred starting in September 1983, as well as
to the alleged failure to investigate the death of Rudy Gustavo Figueroa and the alleged
detention and torture of Wendy Santizo Méndez. The specific facts relating to the alleged
violations to the detriment of each of these individuals is described below.
1. José Miguel Gudiel Álvarez 75
70.
José Miguel Gudiel Álvarez was 23 years old when he disappeared. He lived in
Guatemala City, where he moved to protect his life, because his family was considered to be
“subversive” by the State authorities at the time. José Miguel worked as a carpenter. The
Diario Militar records José Miguel Gudiel Álvarez as follows:
9. JOSÉ MIGUEL GUDIEL ÁLVAREZ
(alias) ERNESTO or MANUEL. A.k.a.: RIGOBERTO ÁLVAREZ TOBAR. Student and reporter. He was in
Guerrilla Front No. 6, from which he deserted. 22-09-83: Captured in the Isabel La Católica Park. Sent
to Coatepeque.
71.
José Miguel lived near the Isabel La Católica Park, where the Diario Militar indicates
that he was captured. As reported to the family by the owner of the house where José
Miguel lived, in the early morning hours of September 22, 1983, a group of people had
come to the home of Mr. Gudiel Álvarez in four large jeeps and broken into the house. Upon
entering, they allegedly beat José Miguel’s companion, and also the owner of the house, and
took valuables with them. José Miguel climbed onto the roof, was wounded in the leg, and
captured.
71
Cf. Testimony given by Marco Tulio Álvarez Bobadilla, supra, folio 13630; Rosario Calderón, Ciudadanos
tendrán acceso a 12,287 archivos militares desclasificados [Population will have access to 12,287 declassified
military files], Diario de Centro América, June 21, 2011, and Gobierno abre más de 12 mil archivos militares
[Government opens more than 12,000 military files], Prensa Libre, June 20, 2011 (file of annexes to the pleadings
and motions brief, tome II, Annexes A8 and A9, folios 9467 and 9469).
72
Cf. Affidavit made by expert witness Alejandro Valencia Villa, supra, folio 13292.
73
Expert opinion provided by Katharine Doyle before the Inter-American Court at the public hearing in this
case. Similarly, see the Affidavit made by expert witness Alejandro Valencia Villa, supra, folio 13292.
74
Cf. Affidavit made by expert witness Alejandro Valencia Villa, supra, folio 13292 and Testimony given by
witness Marco Tulio Álvarez Bobadilla, supra, folio 13644.
75
The evidence regarding this victim is in: Diario Militar (file of annexes to the merits report, tome I, annex
11, folio 357); Copy of the birth certificate of José Miguel Gudiel Álvarez certified on August 8, 2006 (file of
annexes presented by the State on October 17, 2008, tome II, folios 6475 and 6476); affidavits provided by
Yolanda Gudiel Álvarez and Makrina Gudiel Álvarez on October 13, 2004 (file of annexes to the merits report, tome
I, annexes 12 and 16, folios 411 and 428); affidavit made by Florentín Gudiel Ramos on October 11, 2004 (file of
annexes to the merits report, tome I, annex 14, folios 417 and 418); testimony of Makrina Gudiel Álvarez provided
before the Public Prosecution Service on April 8, 2008 (file of annexes to the merits report, tome I, annex 18, folio
483); Psychosocial impact report on the Gudiel-Álvarez family (file of annexes to the pleadings and motions brief,
tome VII, annex B1, folio 12261), and CEH, supra, volume VII, annex II, pp. 314, 315 and 381.
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