18
1995, when the procedure had been completed, the Supreme Court of Justice
forwarded the case file to the Office of the Prosecutor General so that “it could
continue with the investigations.”16
82.
On November 29, 1994, the Attorney General commenced an action for
jactitation against Jennifer Harbury. Under this procedure, the latter was given 15
days to make the corresponding complaint or, to the contrary, cease to hold the
armed forces responsible for a determined conduct. On December 2, 1994, the
Court prohibited Jennifer Harbury from leaving Guatemala for the duration of the
proceeding; this prohibition was lifted 10 days later17. On January 26, 1995, the
Sixth Civil Trial Court declared itself incompetent in the action for jactitation,
because this legal figure only applies to cases of disputes relating to property18.
83.
On March 29, 1995, the President of the Republic, Ramiro de León Carpio,
declared that, when he assumed the Presidency, Bámaca Velásquez was already
dead and that he was not illegally imprisoned or detained19.
84.
On March 23, 1995, the Office of the Prosecutor General incorporated various
statements made during proceeding No. I-94 (supra 81), under proceeding No.
2566-94, which was being processed before the First Criminal, Narco-Activity and
Crimes against the Environment Trial Court of Guatemala. On March 28, 1995, this
Court declared itself incompetent because the proceeding related to crimes or
common misdemeanors committed by members of the armed forces, and forwarded
the file to the Retalhuleu Military Trial Court20.
85.
On April 5 and 10, 1995, the Retalhuleu Military Trial Court dismissed the
case opened against 13 members of the armed forces, because it considered that
statements made in the testimony of Santiago Cabrera López about the crimes of
“illegal detention, homicide, assassination, light injuries, serious injuries, very
serious injuries, coercion, threats, crimes against the obligations of humanity, abuse
of authority and abuse against individuals”, to the detriment of Bámaca Velásquez,
had not been proved21. The representative of the Public Ministry filed a complaint
1995, Annex 51.
16
Cf. Letter of March 13, 1995, from the Government to the Inter-American Commission; and
decision of the Public Ministry of March 23, 1995, Annex 29.
17
Cf. Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca
Velásquez, March 1995, Annex 51; testimony of Jennifer Harbury, given to the Court on June 16, 1998;
testimony of Acisclo Valladares, given to the Court on November 22, 1998; and letter of the Government
to the Inter-American Commission of March 13, 1995.
18
Cf. Human Rights Watch/Americas, Disappeared in Guatemala: The Case of Efraín Bámaca
Velásquez, March 1995, Annex 51; letter of March 13, 1995, from the Government to the Inter-American
Commission; testimony of Jennifer Harbury, given to the Court on June 16, 1998; and testimony of
Acisclo Valladares, given to the Court on November 22, 1998.
19
Cf. Report on the press conference of Ramiro de León Carpio of March 29, 1995, Annex 42.
20
Cf. Decision of the Public Ministry of March 23, 1995, Annex 29; decision of the Criminal, Narcoactivity and Crimes against the Environment Trial Court of Guatemala of March 28, 1995, Annex 30; and
Report of the Commission for Historical Clarification, Tome VII.
21
Cf. Decision of April 10, 1995, of the Military Trial Court of Retalhuleu, Annex 52; decision of
April 5, 1995, of the Military Trial Court of Retalhuleu, Annex 53; testimony of Mario Ernesto Sosa
Orellana, given to the Court on November 22, 1998; testimony of Simeón Cum Chutá, given to the Court
on November 23, 1998; and testimony of Julio Alberto Soto Bilbao, given to the Court on November 23,
1998.