23.
In this regard, the Guatemalan Code of Civil and Commercial Procedure establishes
that “[v]oluntary jurisdiction includes all acts in which, either by law or at the request of
the parties involved, the intervention of a judge is required, without there being any
disputed matters between any of the parties.”21
24.
In addition, the Guatemalan Code of Civil and Commercial Procedure22 establishes:
Article 186. Authenticity of documents.
Documents authorized by a notary or by a public official or employee in exercise of their functions,
shall be considered authentic and constitute conclusive proof, save for the right of the parties to
contest them alleging invalidity or falsity.
The other documents referred to in articles 177 and 178, as well as private documents duly signed
by the parties, shall be deemed to be authentic, unless there is evidence to the contrary.
Any challenge by the opposing party shall be filed within ten days of notification of the resolution
admitting the evidence.
However, private documents shall only take effect vis-a-vis third parties as of the date on which
they have been recognized before a competent judge or authenticated by a notary.
B. Steven Edward Hendrix
25.
Steven Edward Hendrix is a national of the United States of America. Between 1997
and 2006, he visited Guatemala on different occasions for a minimum of 3 days and a
maximum of 3 months and 24 days. Mr. Hendrix left Guatemala for the last time on April
16, 2006.23 There is no record that Mr. Hendrix had a temporary or permanent residence
permit in Guatemala,24 or a work permit issued by the country’s authorities.25 At the time
of the facts, Mr. Hendrix worked as a consultant for the United States Agency for
International Development (USAID). Currently, he is employed by the United States
Government.26
26.
Mr. Hendrix obtained a juris doctor degree from the University of WisconsinMadison, United States, in 1987.27 Subsequently, on September 19, 1997, Steven Edward
21
Cf. Code of Civil and Commercial Procedure, Decree Law No. 107, article 401 (evidence file, folios 1419 to
1577).
22
Cf. Code of Civil and Commercial Procedure, Decree Law No. 107, article 186, supra.
During the public hearing before the Court, Mr. Hendrix stated that he had lived in Guatemala for six years
and had legal residence and a “legal right to work.” The State provided Mr. Hendrix’s immigration records with
information from August 15, 1995, to March 30, 2022, which record numerous entries into and departures from
Guatemalan territory between 1997 and 2006. Based on the evidence in the case file, the Court notes that Mr.
Hendrix was present in Guatemala for a total of less than 2 years. Cf. Statement made by Steven Edward Hendrix
during the public hearing before the Court on March 28, 2022, and Official communication UCM-No 49-2022, of
March 30, 2022, issued by the Guatemalan Immigration Institute (evidence file, folios 3568 to 3571).
23
According to the Foreign Nationals Subdirectorate of the Guatemalan Immigration Institute, Mr. Hendrix does
not have the regular immigration status granted by this entity and there is no information regarding temporary
or permanent residence permits in his name. At the time of the facts, temporary or permanent residence was
regulated by the existing “Immigration Law” and its Regulations, both derogated in 2016 by the Immigration
Code. Both the previous Immigration Law and the current Immigration Code stipulate that, for a person to be
designated a resident of Guatemala, he must possess a temporary or permanent residence permit. Cf. Official
communication IGM-SE-0207-2021 of the Foreign Nationals Subdirectorate, Guatemalan Immigration Institute,
of February 19, 2021 (evidence file, folios 2802 to 2806); Immigration Law, Decree 95-98 of November 26, 1998,
articles 12, 14, 15, 16, 22. Available at: https://www.oas.org/dil/Migrants/Guatemala/Decree%20N%
C2%B0%2095-98%20-Ley%20de%20Migraci%C3%B3n%20de%20Guatemala.pdf, and Immigration Code,
articles 75 and 78 (evidence file, folios 3415 to 3492).
24
There is no record in the files of the Ministry of Labor and Social Welfare that Mr. Hendrix was granted a
work permit. Cf. SG/ivma Official communication No. 307-2022, of April 6, 2022, issued by the Ministry of Labor
and Social Welfare (evidence file, folios 3573 and 3574).
25
26
Cf. Statement by Steven Edward Hendrix, supra. In his statement he indicated: “[…] I was a USAID consultant
at that time; I was not an employee, I was a USAID consultant; […] today, I work in Washington. […] But when I
obtain that title of notary, I am in conversations to move to Guatemala […].”
27
Cf. Law degree in the name of Steven Edward Hendrix of May 17, 1987, issued by the University of WisconsinMadison, United States (evidence file, folio 1035). It is also worth pointing out that Mr. Hendrix’s law degree has
been recognized in Bolivia. Cf. National law degree in the name of Steven Edward Hendrix dated January 30,
1995, issued by the President of the Universidad Mayor de San Andrés, Bolivia (evidence file, folio
8