25 In Guatemala, the remedy of habeas corpus exists to guarantee the liberty and physical safety of an individual; however, in cases of human rights violations, “it is rarely successful” and often depends on the pressure that the plaintiff is able to apply. There is a special pre-trial investigation procedure, which is applied when the remedy of habeas corpus has been exhausted; this consists of the Supreme Court of Justice designating the Ombudsman or some human rights organization or person to conduct the investigation. However, this procedure “has not had positive results”, as it is very bureaucratic. In Guatemala, there was a practice of forced disappearances that generally culminated in the death of those who disappeared, to give the impression that there were no political prisoners. The Constitution of the Republic and the Military Code establish a military system of justice. After 1996, the legal system was reformed so that crimes and misdemeanors committed by members of the armed forces were heard by civil tribunals. The criminal proceedings processed before the military system of justice prior to this reform were neither impartial nor effective. Ordinary justice imposes very few sentences for human rights violations and, of those imposed, none have been against any high-ranking member of the armed forces or Government official. The only exception has been the case of Michael Devine. The Bámaca Velásquez Case is just one more example of impunity in the Guatemalan administration of justice. In this case, not only those responsible have not been found, but also the remains of Bámaca Velásquez have not been located, because “the bodies were changed.” As a result of the Peace Agreements, a Commission to Strengthen Justice was formed, composed of individuals from different sectors of society. In her opinion, the Commission has carried out positive work in areas such as judicial independence that will have results in the medium- or long-term, because, currently, there are “still some shortcomings that do not allow us [to have] an independent Judiciary”. The following are some of the problems that existed in the Guatemalan system of justice: the judges, who in some cases were not qualified, were appointed for short periods; those who heard human rights cases were threatened; and access to justice was very expensive, which resulted in the exclusion of the poor. Currently, prosecutors and judges are still afraid of involving Army officers in human rights cases, due to what “could happen to them personally or to their families”. It is necessary “to dismantle a complete parallel authority [because while] the Army continues to be present [in the] political authority, it will be difficult to make progress.” Those who present complaints or appear as witnesses in cases that involve State agents do not receive the necessary protection. Moreover, human rights activists have been seen as people who were “linked to the guerrilla movement” and “protectors of criminals” and have been harassed. * * * C) TESTIMONIAL EVIDENCE