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Regarding the judicial proceeding, Mrs. Fischer stated, inter alia, that: a) it
was significant that they had photographs of all the alleged accused; b) the
four autopsies disappeared, but she managed to “recover extra-legally,
through a friend,” the photographs of the autopsy of Mr. Carpio Nicolle; c)
someone attempted to set fire to the case file at the El Quiché court; d) the
case file was lost for ten days and appeared in the departmental office of the
Ministry of the Interior in El Quiche; e) the file in the Attorney General’s office
(Ministerio Público) disappeared; f) the file in the Archbishopric of Guatemala
disappeared; g) the then Head of General Staff of Defense refused to provide
information on the Commander of Military Zone No. 20 of the Department of
El Quiché; h) the Commander of Military Zone No. 20 refused to provide the
name of the officer and soldiers who arrived on the site of the event before
the National Police; i) the former Minister of the Interior denied that he had
sent the arm confiscated in Guatemala to the United States; j) three ballistic
reports were lost and only one recovered; and k) a few weeks before the
hearing before the Inter-American Court, the Secretariat of the Attorney
General’s office told her that the file had disappeared once again.
Nine judges and 12 prosecutors had taken part in the proceedings. The
prosecutors, Abraham Méndez and Ramiro Contreras, had to go into exile.
The nine prosecutors before Abraham Méndez refused to take the case and
excused themselves, the thirteenth did nothing. They murdered
Commissioner Mérida who was investigating the case in the Department of El
Quiché. Subsequently, nobody in the Police wanted to investigate the case
internally. Also, the first lawyer on the case, Guillermo Porras, was held up at
gunpoint and they took his pick-up, which was parked in front of the Army’s
honor guard.
Mrs. Fischer feels great frustration about the proceedings in this case, “as a
lawyer, as a citizen, and as someone who truly loved Jorge Carpio very
much.” In Guatemala, there are still parallel powers operating in the
administration of justice. Those who have been involved in the case were
distressed when the judgment in first instance left them with a “scapegoat”
and did not leave the proceeding open to find the other perpetrators and
masterminds. However, she continues pressing for an investigation and
denouncing impunity, because she found it very hard not have a leader and
her second father, who “had been riddled with bullets, as if he were a dog,
and did not merit dying in that way.” Also, this case “creates a juridical
precedent for the murder of journalists.”
Mrs. Fischer and her direct family have been the victims of threats,
harassment, and telephone intervention, and had to go into exile. In July
1994, after a threat that she and her family would be “crushed,” she went
into exile in the United State with her two young children. Subsequently, they
threatened her sisters. The Vice Minister of the Interior, who was Director of
the Intelligence Services when Mr. Carpio Nicolle was murdered, also
threatened her, because he did not want Mrs. Fischer to testify about the
intellectual authorship of the case. He told her that if she did so, “she would
perish like one […] more communist.” However, she testified about this
intellectual authorship and filed a complaint before the Attorney General’s
office. The same day, the Prosecutor General came to her house and told her
that he did not want to know the name of the official who had threatened her.
Subsequently, on June 19, 2004, Mrs. Fischer was attacked and one of her