38
evaluated several cartridge cases and bullets related to the facts and, the same year,
delivered the originals of the report to Alfonso Reyes Calderón, Second Vice Minister
of the Interior of Guatemala.30 However, this report was not presented to the court
until 1996.
76(31) On February 8, 1995, the prosecutor from the Attorney General’s office,
Abraham Méndez García, reported a series of irregularities to the United Nations
Verification Mission. These included, in particular, the disappearance of a bullet head
found inside the vehicle in which Jorge Carpio Nicolle was traveling, the
disappearance of the autopsy photographs of the bodies of the victims, and the
disappearance of the evidence transported by the National Police spokesman.31
76(32) On February 25, 1997, following a judicial inspection in the Identification
Unit of the National Police, it was found that the bullet heads used in the attack were
not there. There was merely an official communication recording that they had been
forwarded to the Fifth Criminal Court of First Instance, which was hearing the case.
However, this court had no information on the whereabouts of this evidence. The
cartridges and bullets extracted from the bodies of the victims had also disappeared.
76(33) On November 12, 1997, the person in charge of the Ballistics Laboratory of
the Identification Unit of the National Police addressed an official communication to
the First Judge of First Instance for Criminal Affairs, responding to the latter’s
request of September 24, 1997, that he carry out an expert evaluation of the
weapon confiscated from Mr. Acabal Patzán and of additional evidence related to the
facts. In this regard, he informed that an exhaustive search had been made, and it
had been concluded that this evidence had never been received by the Unit, because
its reception was not recorded in the respective ledger kept by the Evidence Control
Section, or in the internal control ledgers. He also stated that the evidence that
existed and that apparently belonged to the Carpio Nicolle case was not fully
identified, with the exception of some bullets and some empty cartridge cases, which
had supposedly been collected from the site of the facts.32
2.
The domestic proceeding
76(34) From the time of the armed conflict and up until today, the Guatemalan
courts of justice have not investigated, prosecuted, tried and punished those
responsible for human rights violations. In the instant case, the courts of justice
have acted without independence and impartiality, applying legal norms and
provisions that are contrary to due process or failing to apply the appropriate ones.
76(35) The judicial proceeding to determine the criminal liability of the perpetrators
of the attack against Jorge Carpio Nicolle and his delegation began in July 1993 and
ended in August 1999, with the acquittal of all the accused.
30
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XX).
31
Cf. complaint filed by the prosecutor, Abraham Méndez García, on February 8, 1995, before the
United Nations Verification Commission for Guatemala (file with appendixes to the application, appendix
10, tome I, vol. 2, folios 635 to 659).
32
Cf. copy of the domestic judicial file of the Carpio case (file of appendixes to the requests and
arguments brief, appendix 1, Piece XLIV).