97
b)
the first anomalies in the investigation occurred at the scene of the
crime itself and during the initial stage of forensic investigation. The agents
who intervened at the scene of the crime conducted a highly negligent and
incompetent investigation, especially with respect to obtaining and securing
evidence and processing of the scene of the crime. Furthermore, immediately
after the fact, the military staff of the “Archivo” intervened to ensure that the
investigation did not involve them. This caused irreparable damage to items
that were crucial to establish the identity of all those responsible for the
murder and for the investigation to move forward, and it entailed violations to
the duty of due diligence of the State to conduct the investigation of the
extra-legal execution of Myrna Mack Chang;
c)
the highest authorities of the Presidential General Staff, from the start
of the proceeding, forwarded “false documentary evidence” to the authorities
in charge of investigating the murder. Thus, the records of the Medical Center
and of the Presidential General Staff were intentionally altered and sent as if
they contained truthful information to the State bodies entrusted with the
investigation, and certain authorities made statements with the aim of
denying that Noel de Jesús Beteta Álvarez was a member of the Presidential
General Staff at the time of the murder and to cover up the extent of
institutional participation of the latter.
d)
there were acts of harassment against members of the administration
of justice, witnesses, next of kin of the victim, and members of nongovernmental organizations, which were characteristic traits of the proceeding
against the accused for the murder of Myrna Mack Chang. Furthermore, the
lack of effective control over the activities of the Presidential General Staff
allowed the murder of police investigator José Mérida Escobar to be
committed;
e)
the Ministry of National Defense has systematically refused to supply
information that is crucial to elucidate the facts.
The bodies of the
Guatemalan State did not respond to 64% of the judicial requests for
information. On the other hand, even in some of the cases included in the
36% where the State replied, it is possible to affirm that it did not comply in
good faith with the request for information;
f)
in its reply to the Report of the Inter-American Commission, the State
sought to elude all responsibility of State bodies other than the judiciary for
obstructions and unwillingness to move forward with a serious and effective
investigation of the case. Furthermore, the executive branch of government
in Guatemala has resorted to the concept of “official secret” in face of
requests by prosecutors and judges, with the aim of not supplying information
that is significant to establish the truth, and this is one more example that the
arguments invoked by the State are untenable;
g)
another act of obstruction of the investigation was carried out by the
judiciary itself, when the Third Criminal Trial Court established the guilt of one
of the direct perpetrators of the murder, and at the same time ordered the
proceeding closed with respect to Edgar Augusto Godoy Gaitán, Juan Valencia
Osorio, Juan Guillermo Oliva Carrera, Juan José Larios, Juan José del Cid
Morales and the individual whose surname is Charchal, for lack of evidence.
The Judge had no competence to close an investigation on the three military
officers of the Presidential General Staff, since as members of the Army they
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