45
In 1996, when the amnesty law was enacted, the defense counsel for the accused
simultaneously filed two requests of extinguishment of responsibility before two
different instances. The first request led to processing of two amparo remedies in
face of denial of said benefit, and the second one led to processing of another
amparo remedy. These amparos were found to be without merit, and two of them
reached the Constitutional Court. Each of the amparo remedies was filed by the
three accused. Processing of these amparo remedies lasted approximately 15
months. All the amparos filed exceeded the legal term set forth in the “Ley de
Amparo y Exhibición Personal” or Amparo and Habeas Corpus Remedy Law, due to
excess in processing.
The “Amparo, Habeas Corpus and Constitutionality Law” foresees the possibility of in
limine rejection of an amparo remedy.
A simple amparo remedy would last
approximately 12 days, and an amparo remedy that involves, for example,
submitting evidence, would last approximately 25 days. None of the amparo
remedies filed was decided within the legal term. On average, each amparo remedy
lasted approximately 170 days.
The courts fostered disputes over competence to avoid hearing the case regarding
the accessories. The issue of whether a civil or military court should be competent
was discussed four times, for which reason it went through six examining judges,
two trial courts, and five different appellate courts. In Guatemala, judges are afraid
to hear a case such as this one, in which high military officers are involved.
One of the first doubts regarding competence was filed by Helen Mack Chang herself
because the case was under military jurisdiction, but in 1996 the Congress of the
Republic annulled that jurisdiction, for which reason the case fell under civil
jurisdiction. As of 1999, the defense counsel began once again to discuss this issue
by filing various remedies, which lasted approximately 3 years.
i.
Expert opinion of Mónica
Rapporteur for Guatemala28
Pinto,
former
United
Nations
From 1993 until April, 1997, due to an appointment by the Secretary General of the
United Nations, she worked as an independent expert to examine the human rights
situation in Guatemala, with the obligation to submit yearly reports to the United
Nations Human Rights Committee.
She visited Guatemala four times on
investigative missions.
When she was appointed to this position, she became aware of the Myrna Mack
Chang case. She mentioned the case in the four reports that she wrote for the United
Nations Human Rights Committee.
Summary executions in Guatemala, according to the expert witness, have had
different profiles over time.
After a stage of massive or collective summary
executions, which could be included under the “Scorched Earth” policy, there were
more selective summary executions. As of the 1990s, one cannot say there were
28
An Argentinean national, with a doctorate in Law; she is a tenured professor at the University of
Buenos Aires and is currently a visiting professor at the School of Law at Columbia University in New
York. She gave her expert opinion on Guatemalan reality in the early nineties, on her knowledge of the
extra-legal execution of Myrna Mack Chang, on the deficiencies of administration of the justice in
Guatemala, and on other background information pertaining to the object and purpose of the application.
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