95
threats and acts of intimidation against judges and prosecutors who have
tried to move the judicial proceeding forward; threats against and following of
various legal advisors in this case, the sister of the victim, and members of
the AVANCSO foundation;
c)
the State did not allow Helen Mack Chang to have access to an
effective legal remedy with guarantees of due process, to try and to punish all
those responsible for the murder of Myrna Mack Chang. The Commission
recognizes that in this case there have been some results and there has been
partial impunity, as one of the direct perpetrators of the crime, Noel de Jesús
Beteta Álvarez, has been tried and sentenced.
However, it is the
understanding of the Commission that, pursuant to Articles 1(1), 8 and 25 of
the Convention, the State has the obligation to try and to punish all the direct
perpetrators and accessories of the facts that breached the human rights. In
this case, more than “twelve” years after the extra-legal execution of Myrna
Mack Chang, only one of the direct perpetrators has been duly punished, and
all the persons legally accused as accessories of the crime have been
absolved, openly contradicting the evidence against them.
The judicial
proceeding against them has been delayed more than “twelve” years and, as
the State itself has acknowledged, it has gone beyond reasonable terms
pursuant to the Convention. The judicial authorities are responsible for this
unjustifiable delay due to “an indifferent management of the proceeding that
has allowed and processed frivolous remedies, not respecting procedural
terms in attempting to detach themselves from the proceeding through
alleged queries on competence.” The State has considerably exceeded the
three criteria set forth by the Honorable Court to establish reasonable term,
that is, the complexity of the case, the behavior of the authorities, and the
behavior of the parties;
d)
from the initial phase of the investigation, the judicial proceeding
showed serious irregularities. Inadequate care of the Guatemalan authorities
at the scene of the crime was made evident by the precarious gathering of
physical evidence that made it impossible to establish the direct perpetrators
of the crime by means of scientific evidence, for which reason the preliminary
investigation was based on testimonial evidence;
e)
a grave irregularity committed during the investigation of the facts was
the modification of the police report prepared by the agents entrusted with
investigating the murder. The September 29, 1990 report drafted by agent
José Mérida Escobar, in which he reached the conclusion that the motive of
the murder was political in nature and he named Noel de Jesús Beteta as one
of the suspects of the crime, was kept secret by orders of the Director of the
National Police and subsequently modified by means of a report submitted to
the judicial authorities on November 4, 1990, stating that the motive was
robbery and that there were no suspects of the crime;
f)
the army, protecting itself behind military secret, has systematically
refused to supply certain information requested by the judicial authorities,
which demonstrates its unwillingness to cooperate in the investigations. The
Ministry of National Defense has supplied only part of the information
requested, arguing that the documents that have not been supplied address
military or diplomatic matters of national security that are confidential
information pursuant to Article 30 of the Political Constitution of Guatemala;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents