51
is to ensure the security of the President of the Republic, of the Vice-President and of
their next of kin, the Presidential General Staff has always had an intelligence unit,
under various names, which committed many illegal acts that especially violated
human rights in Guatemala.
The “Archivo” is one of the names given to said intelligence unit, and it is probably
the name by which it is known most often, although it was also called Regional
Telecommunications Office and Presidential Security Department. The “Archivo”
carried out intelligence operations based on the fieldwork of the intelligence units in
geographic areas in the interior of the country or in the city; it also gathered
information on the activities of any person or institution that had been defined as an
“internal enemy.” Once a person or an institution had been selected, they were
labeled as objectives for intelligence units.
The hierarchical structure of the Presidential General Staff, as regards its officers and
those in charge of the various sections, was based on a first and second officers in
charge. It has analysis sections that are technical in nature, operational and
administrative sections. Therefore, no intelligence agent, whatever his rank, can
autonomously plan, prepare and implement a special intelligence operation, as any
operation would require a specific plan and a written or verbal order. The murder of
Myrna Mack Chang fits into this systematic pattern of an intelligence operation, as
she was followed after a file had been received with her profile, and the intelligence
unit of the Presidential General Staff used a set of resources.
At that time, the director of the National Police had previously been the director of
the “Archivo.” This person was at the scene of the crime and he eliminated any
possibility of obtaining any type of prints, when usually lower-rank agents, and not
the director, analyze any crime scene.
The police took no prints arguing that it had rained, but it was proven that at the
time of the crime that day it had not rained. They also cleaned whatever residues
might be on Myrna's fingernails, demonstrating an attitude that altered the scene of
the crime. The data reporting certain entries to and exits from the offices of the
Presidential General Staff on the day of the murder were manually altered. The
authorities of the Guatemalan Ministry of Defense refused to provide the information
to the judges to learn in detail the entries and exits of vehicles, activity reports,
among others, an action that breached the Guatemalan legal order that establishes,
in the Criminal Procedures Code, a mechanism for the judges to obtain classified
information and maintain due confidentiality. Possible classification of a document
as secret does not and cannot justify not providing such material to the judges.
From the time when she was summoned to render her expert opinion before the
Inter-American Court, she has feared for her personal safety. Specifically, her
computer was examined on December 22 and 26, outside business hours and during
vacations. She also received a number of threatening phone calls in February, 2003.
She filed complaints regarding all the above. She is afraid that some entity linked to
the Guatemalan State may react violently because she has given her expert opinion.
m.
32
Expert opinion of Alicia Neuburger, a psychologist32
An Argentinean national. She worked at Universidad de Buenos Aires and is currently a
professor at Universidad de Costa Rica. Her expert opinion was on the psychological damage suffered by
the alleged victims.
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