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In addition, both the prosecutor, Abraham Méndez, and Fernando Penagos,
who led the investigation conducted by the Archbishopric’s human rights
office, should be given public recognition. Also, an international journalism
study grant should be established in the name of Mr. Carpio Nicolle, for
journalists from a disadvantaged background. A school should also bear his
name.
The Carpio Nicolle case demonstrates how weak the administration of justice
is. The Army continues to interfere, not only in the Attorney General’s office
(Ministerio Público), but also in the Judiciary. It is therefore very important to
strengthen the Attorney General’s office, because the necessary changes have
not been made and personnel do not have adequate training. Moreover, there
is no effective law to protect witnesses and a structural reform of the
administration of justice is needed. Furthermore, a ballistics laboratory is
needed and the domestic agencies need to reach consensus in order to take
advantage of an offer from the United States in this regard.
In order to achieve real justice in the case, Mrs. Fischer considered that, at
the very least, the following persons, “with their full names,” should receive a
moral censure: General José Domingo García Samayoa, General José Luis
Quilo, General Víctor Augusto Vázquez Echeverría, former President Ramiro
De León, Colonel Ricardo Bustamante, Colonel Mario Alfredo Mérida González,
lieutenant colonels and today colonels, Víctor Rosales and Mario Enrique
Gómez, Arnoldo Ortiz Moscoso, and the former Director of the Police, Mario
René Cifuentes. Pressure should also be put on the authorities, since, at the
date of the hearing, the cartridge cases relating to the facts were unavailable
and the file had disappeared from the Attorney General’s office.
c)
Testimony of Abraham Méndez García, former prosecutor of the
Carpio case
He is currently a Judge of the Guatemalan Court of Appeal for matters
relating to children and adolescents.
He was involved in the proceeding on the facts that occurred in the instant
case as special prosecutor.
The copies that should have been in the Attorney General’s office were not
there, because the testimonies had disappeared. Consequently, the witness
referred to the original file, he acquired “inputs,” he examined all the
proceedings and requested that the case be opened to take evidence,
suggesting the type of evidence he considered pertinent. Following the
admission of the probative evidence proposed in the individual complaint and
by the Attorney General’s office, he devoted himself to monitoring that this
probative evidence was obtained. During the reconstruction of the facts, he
found it anomalous that the lawyers of the accused and the civilian patrolmen
traveled in vehicles of military zone No. 20 that were evidently armored. The
civilian patrolmen conducted threatening activities during the procedure,
taking the data of the vehicle in which Mr. Méndez García was traveling.
Subsequently, prior to the day of the trial, when most of the proposed
probative evidence had been substantiated, an attack was made on his life.
The prosecutor responsible for investigating this attack did not probe into it;