Professional Association is unable to authorize the applicant to exercise that profession, rather only
that of lawyer.36
30.
On December 17, 2001, the Guatemalan Lawyers and Notaries Professional
Association swore in Mr. Hendrix as a lawyer, but not as a notary. On February 6, 2002,
the alleged victim registered as a lawyer with the Supreme Court of Justice. On January
17, 2002, the CANG notified him of the decision of January 16, 2002, not to register him
as a notary as he did not meet the requirement of being Guatemalan by birth.37
31.
On January 18, 2002, the alleged victim filed an appeal against the refusal to grant
him membership as a notary, asking that the matter be referred to the Assembly of
Presidents of Professional Associations of Guatemala,38 which examined and rejected the
appeal on April 22, 2002, considering that the Association “acted in accordance with the
law,” so that the appealed decision was final.39
32.
On May 9, 2002, Mr. Hendrix filed an application for constitutional amparo before
the Third Chamber of the Appellate Court against the decisions of the Lawyers and
Notaries Professional Association and the Assembly of Presidents of Professional
Associations of Guatemala rejecting his request to register as a notary. He argued that
several of his constitutional rights had been violated and underscored that “there is no
reasonable justification for a restriction based on nationality in the case of notaries” and
that “under an international treaty, Guatemala even receives notaries from other nations
already,” because “in […] 1925, Guatemala ratified a convention on the exercise of liberal
professions,” under which “professional lawyers and notaries from other countries that
are signatories to the convention can be accepted in Guatemala.” In addition, he argued
that the Guatemalan Lawyers and Notaries Professional Association had committed an act
of ultra vires by failing to register his notary degree, because that entity was not
authorized to not register degrees awarded by the Universidad de San Carlos de
Guatemala.40
33.
On June 25, 2002, the Third Chamber of the Appellate Court rejected the
application for amparo and sentenced Mr. Hendrix to pay costs. The Chamber considered
that he had not been wronged because it could be concluded from the contested decisions
that “what was at issue was not a denial that a degree had been awarded, but rather nonauthorization to exercise as a notary […] due to failure to meet the requirement of being
a Guatemalan by birth that was necessary in order to grant such authorization and,
consequently, the amparo is plainly inadmissible.”41
Cf. Item 4.1 of Resolution 3-2001 of February 6, 2001, issued by the Guatemalan Lawyers and Notaries
Professional Association and its transcript, recorded in note of January 16, 2002, addressed by the Secretary of
the Board of that entity to Steven Edward Hendrix (evidence file, folios 31 and 1303). Resolution 4-2001 of
February 20, 2001, of the Guatemalan Lawyers and Notaries Professional Association records that Mr. Hendrix
was informed that, pursuant to the Notarial Code, the CANG was unable to register him as a notary as he was
not a Guatemalan by birth. However, Mr. Hendrix agreed to being registered as a lawyer. Consequently, the
Board agreed to grant him membership only as a lawyer. Cf. Resolution 4-2001 of February 20, 2001, of the
Guatemalan Lawyers and Notaries Professional Association (evidence file, folio 1303).
36
Cf. Item 4.1 of Resolution 3-2001 of February 6, 2001, supra. Moreover, this concurs with the allegations
made by the representatives before the Court during the public hearing of March 28, 2022, and the contents of
the application for amparo. Cf. Application for amparo filed by Steven Edward Hendrix on May 9, 2002, before
the Third Chamber of the Appellate Court of Guatemala (evidence file, folios 36 to 59).
37
Cf. Appeal filed by Steven Edward Hendrix on January 18, 2002, before the Board of the Guatemalan Lawyers
and Notaries Professional Association requesting that the matter be referred to the General Assembly of
Presidents of Professional Associations of Guatemala (evidence file, folios 1305 to 1319).
38
Cf. Resolution No. 1151.13.02.02 of April 22, 2002, issued by the Assembly of Presidents of Professional
Associations of Guatemala (evidence file, folios 33 and 34).
39
40
Cf. Application for amparo filed by Steven Edward Hendrix on May 9, 2002, before the Third Chamber of the
Appellate Court of Guatemala, supra.
Cf. Judgment of June 25, 2002, handed down by the Third Chamber of the Appellate Court constituted as
an Amparo Court (evidence file, folios 75 to 83).
41
10