130
human rights and on International Humanitarian Law in its training programs for the
members of the armed forces, of the police and of its security agencies.
283. On the other hand, the Court has established that there was participation of the
high command of the Presidential General Staff and its Presidential Security
Department or “Archivo” in the extra-legal execution of Myrna Mack Chang. In this
regard, both the Inter-American Commission and the representatives of the next of
kin of the victim requested, as a guarantee of non-recidivism, the dissolution of the
Presidential General Staff.
It is publicly known, as a notorious fact, that on
September 24, 2003, the Congress of the Republic of Guatemala enacted the “Ley de
la Secretaría de Asuntos Administrativos y de Seguridad de la Presidencia de la
República” (SAAS), in which it established the juridical basis for the civil body in
charge of security and support for the President, the Vice-President of the Republic
and their families, in substitution of the Presidential General Staff. The Court also
takes note of the fact that on October 31, 2003, the President of the Republic of
Guatemala, Alfonso Portillo, held a ceremony at which the transfer of functions to the
new SAAS agency began.
284. The Court deems that the activities of the military forces and of the police, and
of all other security agencies, must be strictly subject to the rules of the democratic
constitutional order and to the international human rights treaties and to
International Humanitarian Law.
This is especially valid with respect to the
intelligence agencies and activities. These agencies must, inter alia, be: a) respectful,
at all times, of the fundamental rights of persons; and b) subject to control by civil
authorities, including not only those of the executive branch, but also, insofar as
pertinent, those of the other public powers.
Measures to control intelligence
activities must be especially rigorous because, given the conditions of secrecy under
which these activities take place, they can drift toward committing violations of
human rights and illegal criminal actions, as occurred in the instant case.
*
*
*
285. With respect to guarantees of non-recidivism of the facts of the instant case,
as part of public recognition of the victim, the State must establish a scholarship, in
the name of Myrna Mack Chang, to cover the complete cost of a year of study in
anthropology at a prestigious national university. Said scholarship must be granted
by the State permanently every year.
286. The State must also name a well-known street or square in Guatemala City in
honor of Myrna Mack Chang, and place a prominent plaque in her memory at the
place where she died or nearby, with a reference to the activities she carried out.
This will contribute to awakening public awareness to avoid recidivism of facts such
as those that occurred in the instant case and to maintain remembrance of the
victim.298
XV
LEGAL COSTS AND EXPENSES
298
Cf. Benavides Cevallos Case. Judgment of June 19, 1998. Series C No. 38, paras. 48.5; and
Aloeboetoe et al. Case. Reparations, (Art. 63(1) American Convention on Human Rights). Judgment of
September 14, 1996. Series C No. 28, para. 96.
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