20
67.
During the public hearing, the witnesses Karen Fischer and Abraham Méndez
García, proposed by the Inter-American Commission, and also the witness Jorge
Carpio Arrivillaga and the expert witness Marco Antonio Sagastume Gemmell,
proposed by the representatives, submitted various document.19
68.
On November 5 and 9, 2004, the representatives presented the documentary
evidence that had been requested as helpful evidence (supra para. 50).20
B) TESTIMONIAL AND EXPERT EVIDENCE
69.
On July 5 and 6, 2004, the Court received the statements of the witnesses
proposed by the Inter-American Commission and by the representatives, and also
the report of the expert witness proposed by the representatives. The Court will now
summarize the relevant part of these statements:
a)
Testimony of Martha Arrivillaga de Carpio, Mr. Carpio Nicolle’s
widow
She was married to Mr. Carpio Nicolle for 37 years, and they had two sons.
She has a degree in philosophy from the Universidad de San Carlos and is
currently retired.
She met Mr. Carpio Nicolle when she was 17 years old and they had been
together since then. Mr. Carpio Nicolle was characterized by his capacity for
work, his immense thirst for knowledge, and his profound commitment to
democracy. As a husband and father he was an extraordinary individual.
Mr. Carpio Nicolle founded the “El Gráfico” company, which had three owners,
but shortly thereafter he bought out the other two partners. In addition to
being the founder and owner, for a long time he was the director general of
“El Gráfico,” which was a very innovative and successful newspaper at the
national level, and even throughout the Central American isthmus and in
South America. He opened the pages of his newspaper to all lines of thought,
which led to threats against them. “El Gráfico” and “Prensa Libre” were the
national newspapers with the highest circulation figures. Mr. Carpio Nicolle
was President of the Central American Press Association and the Guatemalan
Press Association.
Mr. Carpio Nicolle founded the UCN in 1983; it was a well-organized,
innovative party, represented in many municipalities. Mr. Carpio Nicolle
opened up a space in the center to try and establish a country where there
was national reconciliation and forgiveness. The UCN became the largest
political party in the country and admitted political pluralism into its ranks.
The leaders took the decisions within the UCN. The party did not belong to
Mr. Carpio Nicolle. Only a few months after it had been founded, it managed
to elect the greatest number of deputies to the National Assembly for the
reform of the Constitution. The UCN was supported by, on the one hand,
donations and contributions from friends and people with a similar ideology to
19
Cf. brief on merits, reparations, and costs, tome III, folios 679 to 721.
20
Cf. brief on merits, reparations, and costs, tome III, folios 832 to 898.