34. Mr. Hendrix filed an appeal against the ruling of June 25, 2002, before the Constitutional Court. On April 21, 2004, the Constitutional Court declared the amparo admissible, revoked the previous ruling, and declared that authorization should be given to permit Mr. Hendrix to exercise the profession of notary, conditional on the latter acquiring Guatemalan nationality.42 In particular, that court: Considers that the fact that a professional qualification has been validly conferred on a person who, due to his nationality, is unable to exercise the profession authorized by this qualification based on statutory law, gives rise to a conflict of a constitutional nature between the constitutional norm (article 81 of the Constitution) which establishes that “[t]he rights acquired by the exercise of the professions accredited by such qualifications [including university degrees] should be respected and no provisions of any kind may be issued that limit or restrict them,” with the content of article 2(1) of the Notarial Code, which indicates that, in order to be authorized to exercise the profession of notary, it is necessary “[t]o be Guatemalan by birth, at least 18 years of age, a lay person, and domiciled in the Republic.” In the opinion of this court, the said conflict can be resolved applying the provisions of article 146 of the Constitution which establishes that “[t]hose who obtain their naturalization pursuant to the law are Guatemalan” and that “[n]aturalized Guatemalans shall have the same rights as Guatemalan nationals,” subject to the limitations established in the Constitution none of which concern the exercise of the notarial profession. Thus, in order to preserve the applicant’s acquired right to exercise the profession of notary, conditioning the authorization of its exercise to obtaining the nationality referred to in article 146 ibid., the requested amparo should be granted, circumscribed to the terms set forth in the operative paragraphs of this judgment […]. 35. Subsequently, pursuant to the ruling of the Constitutional Court, the following documents were issued: a) Resolution APCOP 1151.12.02/Amparo 24-2002/Res. APCOP 1283.6620.07 of April 16, 2007, declaring that the decision of the Constitutional Court should be executed and urging the CANG Board to issue a new decision,43 and b) Official communication JD-136-2007 of the CANG Board regarding the eighteenth point of Decision 18-2007 of April 25, 2007, establishing that, before Mr. Hendrix was sworn in as a notary, he must comply with article 146 of the Constitution.44 36. In addition, on February 17, 2010, the Secretary of the CANG Board addressed a letter to the Presidential Commission for the Coordination of Human Rights Policies advising that, in a session held on February 10, 2010, the CANG had decided that, pursuant to the ruling delivered by the Constitutional Court and the resolution issued by the Assembly of Presidents of Professional Associations, before proceeding to swear in the lawyer, Edward Steven Hendrix, as a notary, this professional must comply with the provisions of article 146 of the Guatemalan Constitution.45 37. On May 3, 2010, at the request of the Presidential Commission for the Coordination of Human Rights Policies, the Secretary of the Board of the Guatemalan Institute of Notarial Law, on the Board’s instructions, presented a report on the possible violation of Article 24 of the American Convention based on preventing a notary who did not have Guatemalan nationality from exercising this profession.46 The report indicated: 42 Cf. Judgment of April 21, 2004, delivered by the Constitutional Court (evidence file, folios 1379 to 1382). Cf. Resolution APCOP 1151.12.02/Amparo 24-2002/Res. APCOP 1283.6620.07 of the Assembly of Presidents of Professional Associations of April 16, 2007 (evidence file, folios 2857 to 2859). 43 44 Cf. Transcript of May 2, 2007, of Decision 18-2007 of the CANG Board’s session of April 25, 2007 (evidence file, folio 2861). Cf. Transcript of Decision 5-2010 of the Board of the Guatemalan Lawyers and Notaries Professional Association’s session of February 10, 2010, contained in a letter of February 17, 2010, from the Board’s Secretary (evidence file, folio 99). 45 Cf. Report of April 27, 2010, of the Guatemalan Institute of Notarial Law, presented on May 3, 2010 (evidence file, folios 85 to 97). 46 11