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and a social rite that helps to accept that this person is no longer there. On
the tenth anniversary of her brother’s disappearance, her father said “I do not
think that your brother will return,” and then she felt that she had permission
to leave that illusion behind, something that she had to do to be able to
continue living. The witness stated that “it is very cruel, very unjust,
perverse, that it is oneself, one who loves the missing person, and who awaits
him, who has to kill him.”
Impunity continues in this case and in thousands of cases in Guatemala; this
is very frustrating, as it means that the grief does not cease. She believes
that there must be a change, a punishment, to help bear the grief more
easily. Impunity in Guatemala has allowed the criminals to sit in Congress
and in the State. She believes that it is an “upside down world” where the
victims are guilty and the criminals walk around unmolested. In her country
there is no sense of justice. She believes it necessary for society to develop
justice.
She and her family constantly feel in danger. In August 1982 she stopped
studying and working because she no longer felt safe. After the murder of
her sister María Eugenia’s husband and after suffering very strong
persecution, on March 26, 1984 she left Guatemala and went to Mexico,
where she attained refugee status. The family tried to reunify but was unable
to do so. The Office of the United Nations High Commissioner for Refugees
gave her 80 dollars for her upkeep and that of their 11 month old baby. She
could not get a job, so she decided to make and sell tamales.
In Mexico she suffered a very painful process of uprooting. She had never
thought to leave Guatemala, and even now every day outside Guatemala is a
burden. The witness stated that when she was in Mexico there were some
refugee camps along the border between Mexico and Guatemala, and that the
Guatemalan Army would enter Mexican territory. This entailed danger both
for the refugees and for the Mexican towns, and it gave rise to a hostile
atmosphere and to detention of many Guatemalans by the Mexican
authorities. On June 3, 1984 she and her sister Emma Guadalupe were
detained because the Mexican authorities arrested a friend who had a list that
included their particulars. They took their identity documents, forcing them to
remain in that country as “illegals,” although they were “refugees,” because
Mexico had not ratified the Convention on refugees.
She came to Costa Rica in 1985 by her own means. The only income she
received during those first years was from the sale of the Guatemalan food
that she cooked. Her second son was born, and in 1987 she got a job,
despite the fact that her status was “illegal.” In 1991 there was an amnesty
for all “illegals” and refugees in Costa Rica, and since her younger son was
born in this country, she was able to obtain permanent residence. She was
unemployed from 1981 to 1987. She worked “illegally” in Costa Rica from
1987 to 1991, and since 1991 she has had stable employment.
The decision of the Inter-American Court is the family’s only possibility of
obtaining justice. It is an opportunity for Marco Antonio’s case to transcend
toward the overall issue of missing children in Guatemala, and also to
transcend with respect to the situation of children who are living in situations
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