43.
According to information in the record, in April 2000, two student activists who attended
San Carlos University were murdered.25 In addition, on the day of Ms. Gutiérrez’s disappearance Walter
Peñate Flores, who worked in the Economic Science Faculty at San Carlos University, was also murdered.26
The information mentioned in this paragraph has not been contested by the State.
2.
The events of April 7, 2000
44.
On the morning of Friday, April 7, 2000, Ms. Gutiérrez accompanied her daughter to the bus
stop in order to go to school.27 Her brother, Armando Gutiérrez, stated that the alleged victim "told her family
that she was going to run some personal errands, such as go to the bank, owing to the fact that her work at
San Carlos University was on hold because of an impending strike.”28 He added that on Fridays Ms. Gutiérrez
would travel to the Department of Huehuetenango to lecture at Mariano Gálvez University.29
45.
Ms. Gutiérrez's daughter returned home after school to find the bags her mother usually took
to Huehuetenango in their usual place, as were her money, mobile telephone, and credit cards.30 She added
that she also found her passport and checkbook.31 The family of Ms. Gutiérrez was told that she had not
traveled there, neither had she gone to her place of work on the Saturday. They then looked for her in prisons,
hospitals, and morgues, without success.32 Nilda Gutiérrez said that during the search for her sister a man
told her that he knew that “her brother is in the Diario Militar and that she and her children should watch
out.”33
46.
In a statement given to the Human Rights Ombudsman, one of Ms. Gutiérrez's neighbors said
that at 8:30 a.m. on April 7, 2000, she had seen the alleged victim walking along the street with "a male
companion ... who had his arm around her.”34 Ms. Gutiérrez's sister said that the day before her
25 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
26 Annex 11. Certification from San Carlos University, Guatemala. Enclosed with the petitioners' brief received by the IACHR on
October 30, 2000.
27 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the communication
received by the IACHR on October 30, 2000; Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with
the petitioners' brief received by the IACHR on October 30, 2000.
28 Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with the petitioners' brief received by
the IACHR on October 30, 2000.
29 Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with the petitioners' brief received by
the IACHR on October 30, 2000.
30 Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with the petitioners' brief received by
the IACHR on October 30, 2000.
31 Annex 11. Record No. 82 of the Criminal Division of the Supreme Court of Justice, December 7, 2000. Enclosed with the
petitioners' communication of December 18, 2006.
32 Annex 5. Amnesty International press release, Mayra Angelina Gutiérrez, May 31, 2000. Enclosed with the petitioners' brief
received by the IACHR on October 30, 2000.
33 Annex 12. Petitioners' communication of December 18, 2006. The organs of the inter-American system examined the case of
Gudiel Álvarez et al. ("Diario Militar”). The document known as the Diario Militar, which was made public in 1999 by the National Security
Archive, a nongovernmental organization, is a record of operations—kidnappings, secret arrests, and, in many cases, assassinations—
and information about the victims of those operations. The document was drawn up by the Guatemalan presidential intelligence unit
known as El Archivo between August 1983 and March 1985.
34 Annex 10. Official letter from the Human Rights Ombudsman, July 31, 2000. Enclosed with the petitioners' brief received by
the IACHR on October 30, 2000.
8