2
actions, from both parties, numerous requests for objections, amnesty, and
unconstitutionality; moreover, several of the orders repelling said actions were
appealed, both in the processing of the actions and their corresponding appeals, such
as non compliance of proceeding time limits and jurisdiction debates in the
prosecution of the responsible parties. Concerning this appraisal of the time elapsed,
it is the result of proceeding activity by both parties, the gravity of the wrongdoing,
its proceeding complexity, and the interpretations of the annulled Penal Procedural
Code and the new Penal Procedural Code by the jurisdictional bodies and the parties
themselves, an effective exercise coinciding with the prosecution of the perpetrated
fact, and moreover, their interest in proving the truth thereof.
IV.
With respect to the operative paragraphs of the judgment, I think the sums to
be paid on account of damages are very high considering that the State of
Guatemala has a high budget deficit and is suffering from acute poverty. The
economic efforts by the plaintiff in the aftermath of the proceedings are evident, but
it is also fair to consider that damages must be in accordance with the financial
situation of the State and the overwhelmed taxpayer bearing the tax burden.
Arturo Martínez-Gálvez
Judge ad hoc
Manuel E. Ventura-Robles
Secretary