28
Affairs of Guatemala, of February 19, a copy of the October 3, 2002 judgment issued
by the Third Criminal Court of Guatemala, a copy of the May 7, 2003 ruling of the
Fourth Chamber of the Court of Appeals of Guatemala and a copy of several press
releases and other newspaper reports in connection with the Mack Chang case (supra
para. 18).
123. In its brief with requests, pleadings, and evidence, the representatives of the
next of kin of the victim offered as evidence numerous documents included in 162
annexes (supra para. 24).15 In the brief with observations on the preliminary
objections, said representatives also included copies of various court orders and
actions and in the brief with the final pleadings they attached several annexes
pertaining to vouchers for expenses (supra paras. 27 and 51).
124. The State, in turn, attached several annexes16 to its brief answering the
application and filing preliminary objections (supra para. 25). Subsequently, it
submitted copies of the writ of indictment and of the order for the trial to commence
against the alleged accessories in said criminal proceeding.
125. As evidence to facilitate adjudication of the case, the Court received the rate
of variation of the consumer price index in Guatemala from 1998 to the present and
the life expectancy indexes in said country from 1990 to the present, submitted by
the Commission, the representatives of the next of kin of the victim and the State
(supra para. 55). It also received copies of several procedural actions from the file of
the ongoing criminal proceeding under domestic jurisdiction, filed by the
representatives of the next of kin of the victim and by the State; and the birth
certificate of Vivian Mack Chang submitted by the Commission and by said
representatives. The representatives of the next of kin of the victim also forwarded a
certificate of the marriage of Myrna Mack Chang and Víctor Hugo Hernández Anzueto
and the marital status certificate of Myrna Mack Chang at the time of her death
(supra paras. 55 and 57).
126. Pursuant to the Order of the President (supra para. 35), Carmen de LeónEscribano Schlotter and Clara Arenas Bianchi submitted their statements in writing
and Bernardo Morales Figueroa submitted his expert opinion in writing, all of them
made before a notary public (supra para. 37). The Court will now summarize the
significant parts of said statements:
a.
Sworn statement by Carmen de León-Escribano Schlotter, a
sociologist17
15
Cf. annexes R-I-01 to R-VII-92 of the brief with requests, pleadings and evidence submitted by
the representatives of the victim on September 13, 2001 (leaves 1260 to 4056 of the file with annexes to
the brief with requests, pleadings and evidence); and annexes A to E of the brief with the final pleadings
of the representatives of the next of kin of the victim submitted on June 10, 2003 (leaves 8753 to 9221
of the file with annexes to the brief with the final pleadings).
16
Cf. annexes 1 to 32 of the brief filed by the State to answer the application and raise preliminary
objections (leaves 4057 to 8419 of the file with annexes to the brief answering the application and raising
preliminary objections); and leaves 494 to 502 of volume III of the dossier on the merits and possible
reparations.
17
She rendered her statement before a notary public on January 16, 2003, on the displaced
population studied by Myrna Mack Chang, on the interest of the Army in said population, and on the
relationship of her work as a Government official on the issue of displaced persons and involvement of
the Presidential General Staff.
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