80
Procedures Code would be applied to common crimes committed by the military and
that they would be tried by regular Courts;198
Obstructions to justice by State bodies
The police investigation
134.86.
on September 11, 1990, the Homicide Section of the Criminological
Investigations Department of the National Police began its investigations on the
murder of Myrna Mack Chang. Said investigations suffered numerous irregularities
and demonstrated lack of will to pursue an adequate investigation, as the police did
not adequately protect the scene of the occurrence, nor did they take fingerprints of
the victim arguing that it had rained, even though the meteorological report for that
day states that it did not rain; they did not take prints that might be found in the
vehicle or blood samples; they cleaned Myrna Mack Chang’s fingernails and discarded
the content of the scrapings “because the samples were too small” and therefore did
not conduct the laboratory analysis; her clothes were not examined; and the set of
pictures of the wounds is incomplete because, according to their statement, “the
camera or flash was damaged;”199
134.87.
José Mérida Escobar and Julio Pérez Ixcajop, National Police investigators
assigned to investigate the murder, submitted a report on September 29, 1990, in
which they concluded that Myrna Mack Chang had been murdered for political
reasons. They also mentioned Noel de Jesús Beteta Álvarez, a sergeant major in the
Army who was a member of the Presidential Security Department of the Presidential
General Staff, as a suspect of the murder. Furthermore, they stated that State
security officers had previously kept watch on Myrna Mack Chang. This report was
not submitted immediately by the National Police to the competent court, but rather
several months later;200
134.88.
carrying out orders of Colonel Julio Caballeros, then the Director of the
National Police, the previous report was substituted by another, briefer report dated
November 4, 1990, which was forwarded to the courts. This report stated that the
motivation of the crime could have been robbery;201
198
Cf. Order of the Constitutional Court of March 15, 2001 (file with annexes to the application,
annex 40, leaves 770 to 776 and file with annexes to the brief answering the application and raising
preliminary objections, leaves 7043 to 7049).
199
Cf. testimony of Iduvina Hernández rendered before the Court on February 19, 2003; report by
the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio,” volume VI, pages 235
to 244 (file with annexes to the application, annex 42, leaves 788 to 793); Report issued by the
Criminological Investigations Department of the National Police on September 29, 1990 (file with annexes
to the application, annex 43, leaves 795 to 840 and file with annexes to the brief with requests, pleadings
and evidence submitted by the representatives of the next of kin of the victim, annex R-VII-38, leaves
3100 to 3121); and forensic investigation report prepared by Dr. Robert H. Kirschner (file with annexes
to the brief with requests, pleadings and evidence submitted by the representatives of the next of kin of
the victim, annex R-III-01, leaves 1831 to 1833).
200
Cf. testimony of Rember Larios Tobar rendered before the Court on February 19, 2003; and
report issued by the Criminological Investigations Department of the National Police on September 29,
1990 (file with annexes to the application, annex 43, leaves 795 to 840 and file with annexes to the brief
with requests, pleadings and evidence submitted by the representatives of the next of kin of the victim,
annex R-VII-38, leaves 3100 to 3121).
201
Cf. Report issued by the Criminological Investigations Department of the National Police on
November 4, 1990 (file with annexes to the application, annex 45, leaves 855 to 868 and file with
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