34 No exhumation has been conducted at the Las Cabañas base and the proceedings in the Bámaca Velásquez Case have been filed. While he was acting as special prosecutor, he was threatened, harassed and attempts were made on his life. Due to this, he presented a complaint to the Ombudsman and he also obtained a precautionary measure in his favor through the Inter-American Commission (supra 12). The Guatemalan judicial system is totally ineffective and it is not possible “to have access to a simple and effective recourse, with full guarantees of due process, in the case of the forced disappearance of Efraín Bámaca [Velásquez]”. In Guatemala, no guerrilla has been submitted to justice and condemned for his terrorist activity; in other words, there are no political prisoners in the country. He was concerned that he had given testimony before the Court, because “one cannot tell what may happen [in Guatemala].” d. Testimony of James Harrington, US lawyer, Director of the Texas Civil Rights Project, and university professor He traveled to Guatemala in order to accompany Jennifer Harbury to an exhumation procedure in Retalhuleu, on May 20, 1992. The purpose of this procedure was to verify whether the body buried in that place was really that of Efraín Bámaca Velásquez. On arriving in Guatemala City, those who accompanied Harbury met with the Ombudsman, who appointed a coroner and a photographer to accompany them during the procedure. Many security measures surrounded the meeting and the Ombudsman was very nervous. In the cemetery on May 20, 1992, were the judge who was going to direct the exhumation, a representative of the church, Francis Farenthall, Jennifer Harbury and himself. When the excavation was commencing, a caravan of approximately 8 to 12 military vehicles arrived at the cemetery. About 20 armed soldiers surrounded the site that was being excavated and one of them told the judge that he must halt the exhumation. Despite this, the judge and the coroner did not cede and the judge gave the order to continue the procedure, indicating “that he had the authority and that the procedure would continue.” The excavation continued and they were able to find the plastic bag with the body. Just as they were extracting the bag, the Attorney General, Acisclo Valladares, arrived in a helicopter, accompanied by a photographer and one or two soldiers, shouting that the exhumation should be halted. Owing to this order, there was a heated discussion between the judge and the Attorney General. Among the reasons that the Attorney General mentioned for canceling the exhumation were that: there was no one who could identify the body; in order to conduct the procedure, a member of the family should be present; it could not be conducted in the presence of foreigners; and someone from the guerrilla should be

Seleccionar párrafo de destino3