100
preserve the fingerprints because it had rained, despite the fact that the
meteorological report stated that there had been no rainfall. Furthermore, the police
did not take blood samples of the victim, for which reason the respective laboratory
tests were not conducted, and her clothes were not examined and the victim’s
wounds were not photographed completely (supra para. 134.86).
167. The investigative procedures that were omitted are key components for an
appropriate development of the judicial investigation, especially in face of a fact that
has cost a person’s life.255
b)
Altering and hiding the report of the police investigation
168. As was stated with respect to the proven facts, the police entrusted two of its
officers, José Mérida Escobar and Julio Pérez Ixcajop, with investigating the death of
Myrna Mack Chang. On September 29, 1990, said policemen submitted to the
Director of the Guatemalan National Police, Colonel Julio Caballeros, the respective
report, in which they reached the conclusion that Myrna Mack Chang had been
murdered for political reasons and they even identified Noel de Jesús Beteta Álvarez,
a specialist of the Presidential General Staff, as a suspect of the murder (supra para.
134.87).
169. The Court also has deemed it proven that, under orders from Colonel Julio
Caballeros, then the Director of the National Police, the report prepared by José
Mérida Escobar and Julio Pérez Ixcajop was substituted by another, more brief report
dated November 4, 1990, which was forwarded to the courts. This report stated that
the motive of the crime might have been robbery, and it identified no suspects
(supra para. 134.88).
170. Likewise, the Court has deemed it proven that the new Director of the Police
forwarded the September 29, 1990 report to the Public Prosecutor’s Office several
months later, in April or May, 1991 (supra para. 134.89).
171. Likewise, Rember Larios Tobar, then the Head of the Criminological
Investigations Department of the National Police of Guatemala (supra para. 127.e),
stated before the Court that:
I assigned homicide investigator José Miguel Mérida because he was knowledgeable,
well-trained, and experienced in homicide investigations [and] he chose the other
investigator [...]Julio César Pérez Ixcajop; a report was prepared, dated February 29,
1990, and it was immediately submitted to the Director of the Police, colonel Julio
Caballeros. [T]he report stated that based on the witnesses’ interviews, it had been
established that there was a suspect by name Noel de Jesús Beteta and also that the
motive of the killing might have been that she had published a book that talked about
the institutional policies toward the internally displaced population in Guatemala, which
at the time was considered a very sensitive topic in Guatemala.
[…]
I recall that there was a second report, and if I remember correctly it was dated
November 4, 1990, and it was prepared under orders issued by the Director of the
National Police who said that this report should be submitted and sent to the courts. I
also recall that when the September 29, 1990 report was submitted the first time, he
ordered that it be kept secret, that it not be sent to the court. He also warned us that
255
Cf. Juan Humberto Sánchez Case, supra note 9, para. 127 and U.N. Doc./ST/CSDHA/.12 (1991).
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