13
At that time, the parties also signed an agreement that laid out certain commitments
of the State with respect to the ongoing criminal proceeding under domestic
jurisdiction.
67.
At said hearing, the State also pointed out that “the new [G]overnment,
echoing these situations, has proclaimed that the commitments undertaken in the
Peace Accord are State commitments and due compliance with them is not open to
question […]”.
68.
That same day, in another document issued by COPREDEH, submitted to the
Secretariat of the Commission, the State affirmed that:
the Government of Guatemala ratifies and reiterates that in the case of the murder of
anthropologist Myrna Mack Chang it is evident, notorious, and there should be no
discussion still seeking to question or deny said facts that took place in October, 1990 in
the capital city of Guatemala.
[…]
What happened to Anthropologist Myrna Mack and her family is one of the paradigmatic
cases ensuing from the our country’s legacy of 36 years of internal warfare, it is the
past, in a war in which there was no system of law, nor was there an efficient and
effective administration of justice. This is one of the many human rights violations that
fatidically took place at that time.
In a certain manner, the context of an internal armed conflict in which the armed forces
developed their own strategies of counterinsurgency and indiscriminate repression,
should be evaluated as a strong probability of subordination of the administration of
justice to military influence, as factors that may have had an impact on the difficulties
and irregularities in the proceeding, and which the applicant has repeatedly pointed out
in the instant case.
The fact that the direct perpetrator of the murder of the anthropologist was, when he
committed the act, a specialist of the Guatemalan Army, as was stated in the judgment
[that found him guilty], in fact entails possible institutional responsibility of the State,
which can also ensue due to the inactivity, delay, and slowness of the proceeding
against other Army officers who have been mentioned, opened by order of the Supreme
Court of Justice.
Without addressing and analyzing the causes which the applicant gives for slow
progress of the proceeding begun in February, 1994, the Government of Guatemala
accepts and recognizes as a matter of special concern that after 6 years only the
investigative phase has been completed, and that the trial hast not yet begun despite
the fact that it was opened in January, 1999.
69.
As was pointed out before, in Report Nº 39/01 of March 8, 2001, adopted
pursuant to the provisions of Article 50 of the American Convention, the Commission
reached the conclusion that the acknowledgment of responsibility made by the State
has full legal value in accordance with the principles of international law and places it
under the obligation to redress the violations committed by it, pursuant to the
provisions of the American Convention.
The State, one year after having
acknowledged its responsibility, has not carried out actions to eliminate the impunity
that still covers the accessories of the extra-legal execution of Myrna Mack Chang.
The Commission maintains that Guatemala still lacks a serious will to investigate and
punish those responsible for the murder of Myrna Mack Chang (supra para. 14).
70.
In its May 30, 2001 brief (supra para. 16), in response to Confidential Report
39/01 of the Commission, the State argued that:
The Government of Guatemala […] explicitly and clearly stated that it would not address
the causes of the delay, but rather it expressed its concern regarding said delay.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents