45
76(63) On February 8, 1995, the prosecutor from the Attorney General’s office,
Abraham Méndez García, reported a series of harassment, threats and attacks
against him owing to the procedural activities in the Carpio Nicolle case to the United
Nations Verification Mission (supra para. 76(31)). On October 21, 1995, the
prosecutor, Méndez García, submitted his irrevocable resignation to the Prosecutor
General, Héctor Hugo Pérez Aguilera, and left the country on November 7, 1995.
76(64) On October 12, 1995, Police Commissioner César Augusto Medina Mateo
was murdered; he had ordered the arrest of the commanders and members of the
Civilian Self-Defense Patrols accused of perpetrating the execution of Mr. Carpio
Nicolle and the members of his delegation.
76(65) Since the next of kin of Jorge Carpio Nicolle, and also the witnesses and
members of the judiciary, were and continue to be subject to threats and
intimidation, urgent and provisional measures have been adopted to ensure the
protection of their lives and safety, in orders of the President of the Court of June 4
and July 26, 1995, and orders of the Court of September 19, 1995, February 1 and
September 10, 1996, June 19 and November 27, 1998, September 30, 1999,
September 5, 2001, and July 8, 2004 (supra paras. 12 to 16). The following persons
have benefited or still benefit from these measures: Martha Arrivillaga de Carpio,
Karen Fischer, Mario Arturo López Arrivillaga, Ángel Isidro Girón Girón, Abraham
Méndez García and his wife and children, Lorraine Marie Fischer Pivaral, Jorge and
Rodrigo Carpio Arrivillaga, and Rodrigo and Daniela Carpio Fischer.
The “El Gráfico” newspaper
76(66) “El Gráfico” was a successful newspaper at both the national and the Central
American level; it was the newspaper with the second highest circulation in
Guatemala. This newspaper gave space to reports on human rights violations in
Guatemala and was a constant source of criticism of the Government. Six years after
Mr. Carpio Nicolle’s death, publication of “El Gráfico” ceased.64
The environment of politics and journalism in Guatemala after Jorge Carpio Nicolle’s
death
76(67) After the attack against Jorge Carpio Nicolle and his collaborators, other
Guatemalan media have been intimidated from pursuing a line of information that
receives complaints about human rights violations, particularly on issues related to
the Army.65
76(68) Following this attack, some members of the UCN withdrew from the party
for fear of reprisals. In the national political environment, it was believed that Jorge
Carpio Nicolle’s death would mark the onset of political persecution.66
64
Cf. testimony of Jorge Carpio Arrivillaga before the Inter-American Court during the public
hearing held on July 6, 2004; testimony of Martha Arrivillaga de Carpio before the Inter-American Court
during the public hearing held on July 5, 2004; and testimonial statement made by Rodrigo Carpio
Arrivillaga before notary public on June 15, 2004 (brief on merits, reparations, and costs, tome II, folio
568).
65
Cf. testimony of Jorge Carpio Arrivillaga before the Inter-American Court during the public
hearing held on July 6, 2004; and expert report of Marco Antonio Sagastume Gemmell given before the
Inter-American Court during the public hearing held on July 6, 2004.
66
Cf. testimonial statement made by Mario Arturo López Arrivillaga before notary public on June 15,
2004 (brief on merits, reparations, and costs, tome II, folio 594); and testimonial statement made by
Alfredo Skinner Klee before notary public on June 16, 2004 (brief on merits, reparations, and costs, tome
II, folio 563).
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