18
e)
Expert report of César Alba Cije, accountant
Mr. Alba Cije made an independent audit of the general balance sheets of “El
Gráfico” from June 30, 1990, to June 30, 1999, and also of the corresponding
statements of financial results and shareholders’ equity. The expert witness’s
responsibility was to issue a report on the financial situation of the company
based on his audit, in accordance with the relevant international auditing
standards. However, his analysis “is not an audit report.”
From the expert witness’s report, it can be inferred that, in 1992 and 1993,
“El Gráfico” was a fairly profitable business. However, as of 1994, its profits
declined considerably. The recovery of the investment in fixed assets was
slower and the gross profit margin fell gradually. “El Gráfico” reached a
critical point in 1999.
62.
On June 18, 2004, the Commission desisted from submitting Fernando
Linares Beltranena’s affidavit, “taking into account that it [was] evidence proposed
by the Commission that ha[d] not yet been incorporated into the proceeding” (supra
para. 32).
63.
On June 24, 2004, the representatives desisted from submitting the
testimonies of Rodrigo Asturias and Oscar Abel García Arroyo, and also the reports of
the expert witnesses Alberto Bovino and Ana Deutsch, because “in some case, it was
impossible […] to contact the witnesses, and in others [they considered] that the
statements already provided, the evidence that already appear[ed] in the file, and
the statements that [would] be heard in the hearing convened by the Court
include[ed] the purpose of these testimonies” (supra para. 33).
64.
On July 2, 2004, the representatives informed the Court that Mr. Shaw
Arrivillaga was prohibited from leaving Guatemala (supra para. 34); he was
supposed to give testimony during the public hearing in response to the President’s
requirement in an order of May 26, 2004 (supra para. 29). They therefore requested
the Court to ask the State to authorize his departure.
65.
On July 3, 2004, the President requested the State to intervene to allow Mr.
Shaw Arrivillaga to appear (supra para. 34). The same day, the President informed
the representatives that he had sent a note to the State and told them that if,
despite this measure, it was not possible for this witness to appear at the public
hearing, the representatives could present his statement made before notary public
(affidavit) (supra para. 35).
66.
The representatives forwarded Mr. Shaw Arrivillaga’s sworn statement
(affidavit) (supra para. 46). The Court will now summarize the relevant parts of this
statement:
a)
Testimony of Sydney Shaw Arrivillaga, businessman
Currently, he works with his own company. He had been associated with Mr.
Carpio Nicolle since the creation of the UCN. He had held several positions,
especially head of the electoral campaign and coordinator of party
organization.