(...) WHEREAS notaries, as accessories to the judiciary, effectively collaborate with the courts through the authority to attest documents in the processing of legal acts (...) That, for these reasons, the notary profession shall be expanded to include the different acts that are not contested to facilitate the execution of civil acts (...)7 30. According to available information, “voluntary jurisdiction” matters that can be processed before a notary include the following: 1) Declaration of absence; 2) declaration of presumed death; 3) late entry of records; 4) correction of records; 5) family inheritance; 6) execution and encumbrance of property belonging to minors, the incapacitated, and the absent; 7) intestate succession processes; 8) succession processes with a will; 9) declaration of incapacity; 10) interim titling; 11) correction of property lines; 12) location and division of rights to pro indiviso properties; 13) recognition of pregnancy or birth; 14) name changes; 15) identification of person; 16) identification of third party; 17) determination of age; 18) replacement of records.8 31. The Criminal Code stipulates the following in the general provisions in Article I: Article I. The following are definitions for the purposes of criminal law: (…) 2. Public officials: those who, pursuant to the law, popular election, or legitimate appointment, exercise a position or power, jurisdiction or representation, that is official in nature. Notaries shall be considered public officials in the context of crimes committed during or for the purposes of acts related to the exercise of their profession.9 B. Alleged victim’s process of registering as a notary 32. On November 22, 2000, the alleged victim filed a request to register as a lawyer and notary with the Association of Lawyers and Notaries of Guatemala. On February 6, 2001, its governing board determined, via resolution 3-2001, as follows: A request was received for registration from U.S. attorney Steven Hendrix, a graduate of the School of Juridical and Social Sciences of the Universidad de San Carlos de Guatemala, with the academic degree of Attorney of Juridical and Social Sciences and the titles of Lawyer and Notary. Pursuant to subparagraph 1 of article 2 of the Code of the Notary Profession, one must be a native Guatemalan to practice the profession of notary in the State of Guatemala. Prior to issuing a decision, the governing board AGREES: a) to ask the School of Juridical and Social Sciences of the Universidad de San Carlos de Guatemala for a report on the registration of Mr. Steven Edward Hendrix and whether it is legally authorized to grant the title of notary, a profession that, pursuant to current legislation, is to be exercised exclusively by native-born Guatemalans, and therefore, the Association of Lawyers and Notaries of Guatemala is not capable of authorizing the applicant to excise this profession, but solely the profession of lawyer.10 33. The alleged victim filed an appeal of this resolution to the Assembly of Presidents of the Professional Associations of Guatemala. On April 22, 2002, it denied the appeal filed by the alleged victim. In this regard, it found as follows: (...) that article 2 of Decree 314-75 of the Congress of the Republic, Code of the Notary Profession, establishes: “one must be a native Guatemalan to practice the profession of notary...” In this case, Mr. STEVEN EDWARD HENDRIX, a U.S. citizen, completed the procedure of the Universidad de San Carlos de Guatemala to be trained as a Lawyer and Notary, and therefore, pursuant to article 1 of the Obligator Professional Organization Act, he can be registered in the Association of Lawyers and Notaries of Guatemala as an active member, a requirement that must be met that enables exercise of the profession. That the governing board of the Association of Lawyers and Notaries of Guatemala only admitted him as a Lawyer and not as a Notary because he is not a native Guatemalan. Decree 54-77 Law Regulating the Notarial Processing of Voluntary Legal Matters. Office of the Attorney General of the Nation, Practical guide to handling voluntary jurisdiction matters, processed by the Office of the Attorney General of the Nation. 9 Decree 17-73, Penal Code of Guatemala. 10 Annex 1. Copy of Official Record 3-2001 of February 6, 2001 of the Association of Lawyers and Notaries of Guatemala, from a note dated January 16, 2002, from the secretary of its governing board. Annex to the initial petition of November 5, 2004. 7 8 5