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desisted from it “because it was filed as preliminary” objection, but asked the Court
to take its content into account when it issues its judgment on the merits.
79.
In addition, in said brief the State established that it accepted the following
facts:
a)
Violation of the rights to life, to humane treatment and dignity of the human
person committed against Myrna Mack Chang on September 11, 1990, for which Noel
de Jesús Beteta Alvarez was convicted by a competent Court that found him guilty of
being the direct perpetrator, and that same court identified him as an agent of the State
at the time he committed that act.
b)
The institutional responsibility of the State for the infringements of the law
incurred by the agent of the State Noel de Jesús Beteta Alvarez in the aforementioned
facts, pursuant to Article 155 of the Political Constitution of Guatemala.
c)
The institutional responsibility of the State when, in non-compliance with Article
3 of the Political Constitution of Guatemala [...] and Article 4 of the American
Convention […], it did not ensure the right to life and to humane treatment of Myrna
Mack Chang.
d)
The institutional responsibility of the State for the slow progress of the
proceeding in which [...] there was evidently:
•
Slow progress of the proceeding that began in February, 1994, to identify
and punish the accessories of the violation of the right to life of Myrna Mack
Chang;
•
Unexplainable delay in a judiciary proceeding, stated above, that
surpassed the reasonable term set forth in paragraph 1 of Article 8 of the
American Convention […];
•
Violation of the rights of applicant Helen Mack Chang to access to justice
and to respect for the principles of due process and the guarantees set forth in
that same first paragraph of Article 8 of the American Convention […].
80.
The State, in turn, pointed out that it was making “a partial acceptance of the
facts alleged by [Helen Mack Chang], as the latter alleges other [facts] that the State
of Guatemala is not institutionally able to accept, such as all those that the
Commission has interpreted extensively, in its own manner […].” Derived from the
above, the State “can neither ignore nor deny the rights that applicant Helen Mack
Chang […] has in substantive and procedural terms.” The State also expressed that:
it is necessary to place on the historical record that the State of Guatemala cannot,
based on the acknowledgment of the aforementioned institutional responsibilities,
violate the independence of its domestic legal system, and it is not able to decide on the
measures of reparation without facing its internal audit and oversight system regarding
management of public resources by the General Comptrollership. The above entails the
need for said determination to be made by issuing of a judgment by a competent
judicial body, either domestic or international, or –if there were the possibility of a
friendly settlement approved by a competent authority- an agreement that could be
discussed with applicant Helen Mack Chang.
81.
Finally, the State pointed out that it submits to the international jurisdiction
of the Court for “[d]efinition of the scope of its institutional responsibility in the
instant case and the effects derived from it regarding reparations;” that it was
appropriate for the Court to continue the reparations stage of the proceeding, and
that the public hearing summoned was unnecessary.
82.
At the start of the public hearing on February 18, 2003, the State reiterated
orally its waiver of all the preliminary objections and it expressed that:
[…] the State of Guatemala deemed it necessary to modify its July 26, 2001 answer to
the application, and therefore the object of that modification of the answer to the
application is as follows: first, it ratifies what it stated at that time regarding the actions
of the State of Guatemala before the Inter-American Commission on Human Rights.
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