60
he forwarded all the proceedings to the Second Criminal Trial Court of First
Instance;58
134.21.
on October 10, 1990, Helen Mack Chang filed charges before the Second
Criminal Court of First Instance against all those who were found responsible for the
murder of her sister Myrna Mack Chang. Once the preliminary proceedings had been
completed, the Secretariat of the Supreme Court designated the Third Criminal Trial
Court of First Instance to continue hearing the proceeding;59
134.22.
on February 12, 1993 the Third Criminal Trial Court of First Instance
sentenced Noel de Jesús Beteta Álvarez, specialist of the Presidential General Staff,
to 25 incommutable years in prison for the crime of murder against Myrna Mack
Chang. The conviction was based on the “premeditation and extreme cruelty, in the
course of several days, on unspecified dates, [Beteta] kept watch on the movements
of Myrna Elizabeth Mack Chang together with other unknown individuals, whose
plans were deliberately organized with the intention of physically eliminating her, an
act that they carried out on September eleventh, nineteen ninety.” The Court, “for
lack of evidence at the current time,” abstained from leaving the proceeding open
against Edgar Augusto Godoy Gaitán, Juan Valencia Osorio, Juan Guillermo Oliva
Carrera, and other perpetrators of the murder “until the Human Rights Ombudsman
specifie[d] [...] the other participants responsible for the death of Myrna Elizabeth
Mack Chang;”60
134.23.
on May 3, 1993, the Public Prosecutor’s Office filed an expansion remedy
against this conviction, so as to leave the proceeding open and for the Judge of first
instance to take new steps to identify the other direct perpetrator of the murder of
Myrna Mack Chang.61 On May 4, 1993, the Fourth Chamber of the Court of Appeals
decided that the expansion “remedy is out of order because it is time-barred.”62 The
Public Prosecutor’s Office filed an application for reconsideration before that same
Chamber,63 which was dismissed on May 21, 1993;64
58
Cf. Judgment of the Third Criminal Trial Court of February 12, 1993 (file with annexes to the
application, annex 17, leaves 402 to 451); and report issued by the Criminological Investigations
Department of the National Police of September 29, 1990 (file with annexes to the application, annex 43,
leaves 795 to 840; and file with annexes to the brief with requests, pleadings and evidence of the
representatives of the next of kin of the victim, annex R-VII-38, leaves 3100 to 3121).
59
Cf. Judgment of the Third Criminal Trial Court of February 12, 1993 (file with annexes to the
application, annex 17, leaves 402 to 451); and report by the Comisión para el Esclarecimiento Histórico,
“Guatemala, memoria del silencio,” volume VI, pages 239 to 240 (file with annexes to the application,
annex 42, leaves 790 to 791).
60
Cf. Judgment of the Third Criminal Trial Court of February 12, 1993 (file with annexes to the
application, annex 17, leaves 402 to 451).
61
Cf. expansion remedy before the Third Criminal Trial Court of First Instance of May 3, 1993 (file
with evidence to facilitate adjudication of the case submitted by the State on October 13 and 27, 2003,
leaves 10721 to 10723).
62
Cf. Order of the Fourth Chamber of the Court of Appeals of May 4, 1993 (file with evidence to
facilitate adjudication of the case submitted by the State on October 13 and 27, 2003, leaf 10724).
63
Cf. application for reconsideration before the Fourth Chamber of the Court of Appeals of May 7,
1993 (file with evidence to facilitate adjudication of the case submitted by the State on October 13 and
27, 2003, leaf 10728 to 10732).
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