59
134.16.
the Presidential General Staff is a special team of military personnel
assigned to the President of the Republic, formally entrusted with his security and
that of his family. It is composed of various departments, among which the
intelligence unit called Presidential Security Department, also known as “La Regional”
or the “Archivo” stands out;55
134.17.
the “Archivo” was a secret operational unit entrusted with executing the
orders of the Presidential General Staff. It conducted clandestine intelligence
operations: control, detentions and interrogations and executions. The “Archivo” was
headed by an intelligence officer, with the assistance of another officer called deputy
head or second head, generally a major. The unit included a substantial number of
specialists and civilians, and had a vast network of informants;56
134.18.
in 1990, general Edgar Augusto Godoy Gaitán was the Head of the
Presidential General Staff; Juan Valencia Osorio was the Head of the Presidential
Security Department of the Presidential General Staff, and Juan Guillermo Oliva
Carrera was the Deputy Head of the Presidential Security Department of the
Presidential General Staff;57
With respect to the judicial proceedings
134.19.
lack of diligence in processing of the criminal proceeding and its
obstructions make it obvious that the courts have not demonstrated their will to
elucidate all the facts pertaining to the extra-legal execution of Myrna Mack Chang
and to try and punish all the direct perpetrators and accessories, as well as others
who are responsible for depriving the victim of the right to life and for covering up
the extra-legal execution and the other facts in the instant case;
Criminal proceeding against Noel de Jesús Beteta Álvarez
134.20.
on September 11, 1990, the Justice of the Peace on Duty ordered the pretrial investigative procedure to begin, and visited the scene of the occurrence, where
he conducted a judicial inspection of the body of Myrna Mack Chang and then
ordered the respective necropsy. The Public Prosecutor’s Office also appeared in the
proceeding. Once the competence of the Justice of the Peace had been exhausted,
55
Cf. expert opinions of Iduvina Hernández and Katharine Doyle rendered before the Court on
February 19, 2003; report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del
silencio,” volume II, pages 83 to 86; Edgar Gutiérrez, “Hacia un paradigma democrático del sistema de
inteligencia en Guatemala” of October, 1999, pages 58 to 61 (file with annexes to the brief with requests,
pleadings and evidence submitted by the representatives of the next of kin of the victim, annex R-VII92); and report by the Proyecto Interdiocesano de Recuperación de la Memoria Histórica, “Guatemala:
Nunca Más: los mecanismos del horror,” volume II, pages 94 to 98.
56
Cf. expert opinions of Iduvina Hernández and Katharine Doyle rendered before the Court on
February 19, 2003; report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del
silencio,” volume II, pages 83 to 86; Edgar Gutiérrez, “Hacia un paradigma democrático del sistema de
inteligencia en Guatemala” of October, 1999, pages 58 to 61 (file with annexes to the brief filed by the
representatives, annex R-VII-92); and report by the Proyecto Interdiocesano de Recuperación de la
Memoria Histórica, “Guatemala: Nunca Más: los mecanismos del horror,” volume II pages 94 to 98.
57
Cf. Judgment of October 3, 2002 of the Third Criminal, Drug Trafficking and Environmental
Crimes Trial Court, Guatemala (file with additional annexes to the application, annex 8, leaves 9430 to
9511); and expert opinion of Katharine Doyle rendered before the Court on February 19, 2003.
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