2
2.
The Commission filed the application on the basis of Article 51 of the
American Convention, for the Court to decide whether the State violated Articles 4
(Right to Life), 8 (Right to Fair Trial), 25 (Judicial Protection) in combination with
Article 1(1) (Obligation to Respect Rights) of the American Convention to the
detriment of Myrna Elizabeth Mack Chang (hereinafter “Myrna Mack Chang”) and her
next of kin, “due to the extra-legal execution of Myrna Mack Chang [that took place]
on September 11, 1990 in Guatemala City.”
3.
The Commission also asked the Court to order the State to make all the
pecuniary and non-pecuniary reparations stated in the application. Finally, it asked
the Inter-American Court to order Guatemala to pay the costs arising from
processing of the case both domestically and internationally before the bodies of the
Inter-American System for Protection of Human Rights.
4.
According to the Commission, Guatemala is responsible for the arbitrary
deprivation of the right to life of Myrna Mack Chang, because the murder of the
victim, committed on September 11, 1990, was the consequence of a military
intelligence operation, springing from a prior plan and carefully prepared by the high
command of the Presidential General Staff. Said plan involved, first, selecting the
victim in a precise manner due to her professional activity; second, brutally
murdering Myrna Mack Chang; and third, covering up the direct perpetrators and
accessories of the murder, obstructing the judicial investigation and insofar as
possible ensuring that impunity prevailed with respect to the murder.
The
Commission added that the State has not resorted to all the means available to it
with the aim of conducting a serious and effective investigation that could be the
basis for complete elucidation of the facts, prosecution, trial, and punishment of
those responsible, both direct perpetrators and accessories, within a reasonable
term. This situation has been made worse by the existence of de facto and legal
mechanisms, tolerated by the Guatemalan State, that obstruct adequate
administration of justice.
II
COMPETENCE
5.
Guatemala has been a State Party to the American Convention since May 25,
1978, and it accepted the contentious jurisdiction of the Court on March 9, 1987.
Therefore, the Court is competent to hear the instant case, pursuant to the terms of
Articles 62 and 63(1) of the Convention.
III
PROCEEDING BEFORE THE COMMISSION
6.
On September 12, 1990, the Comisión Guatemalteca de Derechos Humanos
[or Guatemalan Human Rights Committee] filed the complaint before the InterAmerican Commission and since April, 1991, the Lawyers Committee for Human
Rights and Georgetown University continued the case. Several United States law
firms participated in the proceeding, as co-applicants, together with the Lawyers
Committee for Human Rights.
7.
On September 17, 1990, the Commission opened the case as Nº 10.636.
8.
On March 5, 1996, the Commission adopted Report Nº 10/96 in which it
declared the case admissible. The Commission also made itself available to the
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