8
Supreme Court of Justice granted the special inquiry mandate to the
Procuraduría de los Derechos Humanos [Office of the Attorney for Human
Rights] for a 60-day period. The Public Prosecutor’s Office was also forced to
continue the investigations into the instant case.
The investigation carried out by the Attorney for Human Rights was secret
most of the time. He is only aware of those proceedings given to him by the
Attorney for Human Rights and that are in the file. He never was able to
learn the content of the investigation or its results, as he was only given a
summary of the investigation. It has always been his opinion that there were
anomalies in the investigation. He is certain that the Attorney for Human
Rights did not conduct a scientific investigation but rather focused on
analyzing the files and documents submitted to him by the Grupo de Apoyo
Mutuo.
29.
On June 22, 2004 the representatives of the victim and his next of kin filed
the evidence to facilitate adjudication of the case that had been requested, i.e.:
macroeconomic variables table for Guatemala; demographic growth indicators table
for Guatemala; average annual exchange rate table for Guatemala; copy of the
identity card of Emma Theissen Álvarez; copy of the birth certificate and Guatemalan
passport of Carlos Augusto Molina Palma; copy of the Guatemalan passports of Ana
Lucrecia Molina Theissen and of María Eugenia Molina Theissen; copy of the identity
card of Emma Guadalupe Molina Theissen; copy of the death certificate of Carlos
Augusto Molina Palma, and birth certificate of Marco Antonio Molina Theissen (supra
para. 18).11
B) TESTIMONIAL AND EXPERT EVIDENCE
30.
On April 26, 2004 the Court heard the testimony of the witnesses and the
expert opinions of the expert witnesses offered by the Inter-American Commission
and the representatives of the victim and his next of kin (supra para. 11). The Court
will now summarize the pertinent parts of said statements.
a)
Testimony of Emma Theissen Álvarez Vda. de Molina, the
victim’s mother.
She lives in Costa Rica and currently is a housewife. In Guatemala she
worked for 23 years as a grade school teacher, but stopped working as such
in June 1982. Her husband Carlos Augusto Molina was a private accountant
and, like all the family after the disappearance of their son Marco Antonio, he
was unable to continue with his activities. She has three daughters: Ana
Lucrecia, María Eugenia, Emma, and she had a son: Marco Antonio, who was
born on November 30, 1966.
Her son was a pleasant, good boy, an excellent student, optimistic, happy,
looking forward to continuing his life, to being useful to his Fatherland. Marco
Antonio was in third year. When they burst into their house and kidnapped
him to make him disappear, he was about to complete that school year. He
liked drawing and building things very much, and his greatest wish was to
11
See leaves 764 to 781 of the file with preliminary objections, possible merits and reparations,
Volume III.
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