4
a)
With regard to the steps taken towards apprehending Mr. Juan
Valencia-Osorio, they requested that the State provide information about the
above-mentioned “Expediting Committee" as soon as possible. Specifically,
they requested that the State provide information on “the creation and the
functions of such Committee, what it has done, and the results yielded […]”;
b)
In regards to the scholarship, they have expressed concern, as “the
deadline set in the Rules for opening the application process and selecting the
successful candidate has expired.” In addition, they pointed out that the State
has tried to “hasten the process for granting the scholarship but in such a way
that it would damage the standards of quality and excellence that the
scholarship must have […]”;
c)
They are satisfied with the documents furnished by the State in
relation to the human rights courses given to the National Police, the Army
and the Security Forces; and
d)
As regards to the sixth operative paragraph of the Judgment, progress
has been made such as the proposal for amending the Amparo Proceedings
Law. They pointed out that such proceeding has become an obstacle as it is
being “used […] to hamper the prosecutions and delay the search for justice."
In addition, the Guatemalan Congress has recently approved the Commission
against Impunity in Guatemala (hereinafter, the “CICIG”). They requested
that the Court observe the performance of such Commission, as its role could
strengthen "the institutions responsible for investigating and administering
justice."
10.
The Commission’s observations of October 17, 2007 stating, inter alia, that:
a)
In regards to the duty to investigate those responsible for the murder,
the arrest warrant against former Colonel Juan Valencia Osorio has not been
acted upon, and they expect the State to provide information about the steps
taken to comply with such duty. The fact that the convict is fugitive “also
poses an obstacle to eliminating impunity, which is rooted in certain practices
that are not solely connected with the change in legislation";
b)
In regards to the duty to remove the obstacles that maintained the
case unpunished, the State's report provides no information on the subject.
The Commission requested that the State provide information on the status of
discussions
over
the
Amparo
proceedings,
Habeas
Corpus
and
Constitutionality Law, and on other bills aimed at complying with this
obligation. In addition, the Commission pointed out that the State’s report
provides no information on the security measures implemented to protect
justice operators, so it considered such disclosure of information necessary.
c)
It values the information provided by the State on the human rights
courses, and the fact that the representatives have expressed their
satisfaction. However, according to it, it would be useful for the State to
disclose information "on the outcome of the educative measures", such as the
number of officers trained and their ranks, the qualitative impact of the
educative measures, etc; and
d)
It values the progress made in establishing the scholarship and it
hopes for the process to be completed shortly;
11.
The Court’s Secretary’s note of October 29, 2007 requesting the State to
provide up-to-date information on the steps taken to create the Myrna Mack-Chang
scholarship, pursuant to the President’s instructions.
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