61
134.24.
private accuser Helen Mack Chang filed an appeal before the Court of
Appeals against the February 12, 1993 judgment of the Third Criminal Trial Court of
First Instance, without participation of the Public Prosecutor’s Office. In said remedy,
she requested that the proceeding remain open against Edgar Augusto Godoy Gaitán,
Juan Valencia Osorio, Juan Guillermo Oliva Carrera, Juan José Larios, Juan José del
Cid Morales and an individual whose surname is Charchal, as accessories in the
murder of her sister Myrna Mack Chang.65 The defense counsel for Noel de Jesús
Beteta Álvarez also filed an appeal for annulment of said conviction. On April 28,
1993, the Fourth Chamber of the Court of Appeals rejected the remedy filed by the
private accuser, confirming the contested judgment.66 The private accuser filed an
expansion remedy for the Court of Appeals to explain “the legal and doctrinary
grounds” for not leaving open the proceeding against the other persons accused.67
This remedy was rejected on June 14, 1993 by the Fourth Chamber of the Court of
Appeals,68 for which reason the private accuser filed an appeal for annulment of the
respective decision before the Supreme Court of Justice;69
134.25.
on February 9, 1994 the Supreme Court of Justice found the appeal for
annulment filed by the private accuser to be in order; it found the remedy filed by
Noel de Jesús Beteta to be out of order; it annulled the decision of the Fourth
Chamber of the Court of Appeals, and it left open the proceeding against Edgar
Augusto Godoy Gaitán, Juan Valencia Osorio, Juan Guillermo Oliva Carrera, Juan José
Larios, Juan José del Cid Morales, and an individual whose surname is Charchal. In
this ruling, the Supreme Court of Justice established that Helen Mack Chang’s right
to due process was abridged, because “she was inhibited from continuing to exercise
her right to accuse, so that the possible participation of all the accused could be
established in a single proceeding, especially because the records lead to infer
suspicions of their possible involvement in committing said crime;”70
Delays in the criminal proceeding against the alleged accessories
64
Cf. Order of the Fourth Chamber of the Court of Appeals of May 21, 1993 (file with evidence to
facilitate adjudication of the case submitted by the State on October 13 and 27, 2003, leaves 10743 to
10744).
65
Cf. Judgment of the Fourth Chamber of the Court of Appeals of April 28, 1993 (file with annexes
to the application, annex 18, leaves 453 to 486); and report by the Comisión para el Esclarecimiento
Histórico, “Guatemala, memoria del silencio,” volume VI, pages 235 to 244 (file with annexes to the
application, annex 42, leaves 788 to 793).
66
Cf. Judgment of the Fourth Chamber of the Court of Appeals of April 28, 1993 (file with annexes
to the application, annex 18, leaves 453 to 486).
67
Cf. extension remedy before the Fourth Chamber of the Court of Appeals of April 30, 1993 (file
with evidence to facilitate adjudication of the case submitted by the State on October 13 and 27, 2003,
leaves 10749 to 10752).
68
Cf. application by the Inter-American Commission on Human Rights of June 19, 2001 (dossier on
the merits and possible reparations, volume I, leaf 23).
69
Cf. Ruling on
the application, annex
70
Cf. Ruling on
the application, annex
appeal for
19, leaves
appeal for
19, leaves
review
490 to
review
490 to
by the Supreme Court of February 9, 1994 (file with annexes to
552).
by the Supreme Court of February 9, 1994 (file with annexes to
552).
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