6
request was reasonable if we bear in mind that, during the proceeding, various
statements were made, which, interpreted in different ways, could also lead to
different consequences. To sustain its final ruling, the Court must be certain of the
position of the parties and thus, have a firm basis for establishing the corresponding
conclusions and decisions. This need justifies the Court’s agreement to continue the
judicial proceeding and use different sources of information that will provide greater
certainty to its final decisions.
21.
I believe that the Inter-American Court should take into account – as indeed it
did – the State’s acquiescence or acknowledgement of facts, claims and international
responsibility, particularly the most recent version that was offered by the Minister of
Foreign Affairs on March 3, 2003. Nevertheless, even though this procedural act of
the State, with evident pecuniary repercussions, could imply, if considered in
isolation, the “unconditional [acceptance of] international responsibility in the Myrna
Mack Chang case” (para. 109), and appear as “total and unconditional acquiescence
by the defendant State” (para. 111), in the context of the proceeding and within the
series of acts that occurred during the proceeding, it does not appear sufficient to
sustain the final result of the litigation, without greater analysis. Accordingly, the
Court considered other information from the proceeding that, associated with the
[acquiescence] and pointing in the same general direction, allowed the final decision
to have a firmer and more reliable basis.
22.
In view of the foregoing, the Court has relied on the following four sources of
information and decision: a) the State’s affirmation, through the Minister of Foreign
Affairs of Guatemala, in the above-mentioned communication of March 3, 2003,
which that official handed to the President of the Inter-American Court at the seat of
the Court; b) the probative elements that appear in the body of evidence introduced
by the Inter-American Commission and the representatives of the victim’s next of
kin: testimony, reports and documents; c) the reports of a general nature, with
specific references to this case, which were prepared at the end of the civil conflict in
Guatemala, which was the context in which the unlawful deprivation of the life of
Myrna Mack Chang took place (Informe de the Commission para el Esclarecimiento
Histórico (CEH), and Informe Proyecto Interdiocesano de Recuperación de la Memoria
Histórica (REMHI)), and d) the book on these events prepared by the current Minister
of Foreign Affairs of Guatemala, before taking office, which appears in the case file,
and in which certain patterns of behavior of specific authorities are described and
direct reference is made to the Mack Chang case (cf. Edgar Gutiérrez, Hacia un
paradigma democrático del sistema de inteligencia en Guatemala, Fundación Myrna
Mack, Guatemala, 1999, particularly. pp. 21, 58 and ff., 81 n. 47).
23.
These four sources of information, which coincide with regard to the death of
Mrs. Mack Chang and other aspects of the case sub judice, or complement each
other, allow us to affirm that the victim was unlawfully deprived of her life and that,
in order to perpetrate this fact, there was an agreement between officials of the
Presidential staff who planned the surveillance and execution of the Guatemala
anthropologist, and that at least one person participated in the execution who has
been prosecuted and convicted of the violation of Article 4 of the Convention, as
described in the corresponding chapter. The combined examination of all the
aforementioned elements of judgment supports these affirmations.
The full
acknowledgement of the facts made by the State’s Minister of Foreign Affairs tallies
with the information that appears in the other sources. It is in this respect that “the
Court concludes that the international responsibility of the State has been
established for violations of the American Convention in the instant case, and this