12
58.
The representatives provided documentary evidence when they submitted
their requests and arguments brief (supra para. 22).16
59.
The State did not provide documentary evidence, because it did not submit its
brief in answer to the application (supra para. 23).
60.
The Inter-American Commission forwarded the affidavit (statement sworn
before notary public) of Alfredo Skinner Klee (supra para. 30), as required by the
President in an order of May 26, 2004 (supra para. 29).17 The Court will now
summarize the relevant parts of this statement:
a)
Testimony of Alfredo Skinner Klee, former leader of the
National Union of the Center political party
From 1986 to 1994, he was Secretary for Electoral Affairs of the National
Executive Committee of the National Union of the Center political party
(hereinafter “UCN”).
He got to know Mr. Carpio Nicolle in 1983. They developed a relationship
based on mutual trust.
Mr. Skinner Klee accompanied Mr. Carpio Nicolle to a meeting with Mr.
Serrano Elías, who had carried out a self-inflicted coup d’état. During the
meeting, the latter provided an explanation about the crisis and offered a
solution, which Mr. Carpio Nicolle refused. Members of the Army, including
General Domingo Samayoa; attended the meeting and Mr. Serrano Elías
made Mr. Carpio Nicolle aware that the Army firmly supported his stance.
When Mr. Serrano Elías resigned, Vice President Espina Salguero requested a
private meeting with Mr. Carpio Nicolle, to which Mr. Skinner Klee
accompanied him. At the meeting, Mr. Carpio Nicolle stated that the Vice
President should resign as he had collaborated with Mr. Serrano Elías.
During the session of Congress at which Mr. Serrano Elías’s successor was to
be elected, the stance assumed by the UCN created an impasse. In the face
of Mr. Carpio Nicolle’s refusal, none of the political parties or their leaders
wanted to adopt the legislative initiative containing the amnesty decree.
Mr. Carpio Nicolle’s murder had considerable impact on all sectors. There was
great dismay because it was the first violent death of a political leader since
the 1970s. His death also caused substantial concern in political circles where
it was thought that it signified the onset of political harassment. The UCN
demanded that then President De León investigate and clarify the
circumstances of Mr. Carpio Nicolle’s death, and prosecute all those involved.
The death of Mr. Carpio Nicolle resulted in the fragmentation of the UCN. By
law, the party ceased to exist when it obtained poor results in the elections.
61.
The representatives forwarded the sworn statements of Rodrigo Carpio
Arrivillaga, Mario Arturo López Arrivillaga, Sydney Shaw Díaz and Ricardo San Pedro
16
Cf. file of appendixes to the requests and arguments brief, appendix 1, 15 tomes; and brief on
merits, reparations, and costs, tome I, appendixes 2 to 14, folios 244 to 287.
17
Cf. brief on merits, reparations, and costs, tome II, folios 553 to 564.