2
person of Noel de Jesús Beteta Alvarez and who was identified by the same court as
the State agent at the moment of the wrongdoing;
b)
the State institutional liability for lawbreaking by the State agent Noel
de Jesús Beteta Alvarez in the facts herein, pursuant to Article 3 from the Political
Constitution of Guatemala;
c)
The State institutional liability when, due to non compliance with
Article 3 of the Political Constitution of Guatemala and Article 4 of the American
Convention, it did not guarantee the right to life and integrity of Myrna Mack Chang;
and
d)
the institutional State liability for a slow process that started on
February 1994 aimed at the identification and punishment of the abettors of the
violation of the right to life of Myrna Mack Chang and that extended beyond the
reasonable period foreseen by numeral 1 of Article 8 of the American Convention and
that represent, per se, a violation of the rights to access to justice and with respect
to the principles of due process and due guarantees foreseen by the same numeral
1º of Article 6 of the American Convention.
In the light of the question asked at the public hearing by one of the Court
judges to the State agent about the scope of the acceptance of his liability for the
facts charged in the application, he responded that it was not a case of acquiescence
since, in the case, “there is not such a concept.” The ambiguity in the statement of
the acceptance of the State facts, made the Court to order the continuity of the
probative process, whose result was, according to the judgment, an absolute proof of
the circumstances leading to the death of Mrs. Myrna Mack Chang with a direct
involvement of State agents, hindering of the investigation of the facts, legal
ineffectiveness for the prosecution and punishment of the liable parties, with a
resulting violation of Articles 4, 5, 8, 25, all pursuant to Article 1(1) of the American
Convention on Human Rights.
II
In the public hearing on February 18, 2003, the Court heard the testimony of
Lucrecia María Hernández Mack, daughter of the victim, who declared that “after the
death of her mother, justice is a pursuit intrinsic to her family. She felt outraged
after finding out that the State, that should protect them, killed her mother because
it was not a member of the State who happened to kill her, but the murder was
ordered by the Department of Presidential Security of the Chief of Staff of
Guatemala, and her country, especially the courts of law, have not done anything to
undertake a due and prompt judicial proceeding...; the little progress made in her
mother’s case has not been the result of the State good faith..., on the contrary, the
State has done everything possible to hinder the case, since they murdered the
police officer in charge of the investigation and pointed to Noel de Jesús Beteta as
the perpetrator, several appeals and legal protections have been filed, thus going
beyond the applicable deadlines to solve them, her family, the attorneys, and
AVANCSO personnel and the Myrna Mack foundation have been victims of threats
and intimidation.”
As stated before, these facts: involvement of senior government officials as
the murder abettors, a lack of effective and timely justice, impunity of one or some
perpetrators, and with respect to all the abettors, were established during the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents