86
134.107. the next of kin of the victim have been represented before the Commission
and the Court by Helen Mack Chang,230 who in turn granted a power of attorney for
them to be represented before the Court by Alberto Bovino; Jeff Clark and Robert O.
Varenik, of the Lawyers Committee for Human Rights; Viviana Krsticevic and
Roxanna Altholz, of CEJIL; Elijah Barret Prettyman Jr., Lyndon Tretter, Taylor Lee
Burke, Shannon Tovan MacDaniel and David Kassebaum of the United States law
firm Hogan & Hartson.231 Subsequently, Helen Mack Chang rescinded the power of
attorney granted to Taylor Lee Burke and Jeff Clark.232
Said persons and
organizations233 have incurred a number of expenses under domestic jurisdiction and
before the bodies of the inter-American system, in the domestic proceedings and in
the instant proceedings.234
IX
VIOLATION OF ARTICLES 4 AND 1(1)
(RIGHT TO LIFE AND
OBLIGATION TO RESPECT RIGHTS)
Pleadings of the Commission
135. In the application, the Commission asked the Court to find that the State is
responsible for the arbitrary deprivation of the right to life of Myrna Mack Chang and,
therefore, responsible for violation of Article 4 of the American Convention based on
the following:
a)
the extra-legal execution of Myrna Mack Chang is not the consequence
of an isolated fact but rather is a paradigmatic example of the selective
practice of extra-judicial executions prevailing in Guatemala at the time of the
facts;
b)
Myrna Mack Chang was extra-legally executed by Noel de Jesús Beteta
Álvarez, Sergeant Major Specialist of the group of the security section of the
Presidential General Staff and by another individual as yet unknown, who
followed instructions of the high command of the Presidential General Staff to
230
Cf. power of attorney granted by the next of kin of Myrna Mack Chang, Zoila Chang Lau, Freddy
Mack Chang, Marco Mack Chang and Lucrecia Hernández Mack, to Helen Mack Chang (dossier on the
merits and possible reparations, volume I, leaves 111 to 113).
231
Cf. power of attorney granted by Helen Mack Chang on August 3, 2001 (dossier on the merits
and possible reparations, volume I, leaves 149 to 152); and power of attorney granted by Helen Mack
Chang on January 13, 2003 (dossier on the merits and possible reparations, volume IV, leaves 664 to
667).
232
Cf. power of attorney granted by Helen Mack Chang on January 13, 2003 (dossier on the merits
and possible reparations, volume IV, leaves 664 to 667).
233
Cf. legal costs and expenses of the law firm Wilmer, Cutler & Pickering (file with annexes to the
brief with requests, pleadings and evidence submitted by the representatives of the next of kin of the
victim, annex R-VI-17, leaves 2464 to 2562). The United States law firm Wilmer, Cutler & Pickering also
participated in the representation of Helen Mack Chang and the other next of kin of the victim before the
Inter-American Commission.
234
Cf. legal costs and expenses of the legal representatives and of the Myrna Mack Foundation (file
with annexes to the final pleadings of the representatives of the next of kin of the victim, annexes B, C,
D, E); and legal costs and expenses of the law firm Wilmer, Cutler & Pickering (file with annexes to the
brief with requests, pleadings and evidence submitted by the representatives of the next of kin of the
victim, annex R-VI-17, leaves 2464 to 2562).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents