82
Guatemala to Canada due to threats and intimidation (infra paras. 134.97 to
134.99).206 On July 22, 1996, the private accuser requested that the procedural step
to be taken in Canada be recognized and accredited;207
134.92.
on February 24, 1998, the private accuser asked the First Criminal, Drug
Trafficking and Environmental Crimes Court of First Instance to continue the process
of production of the evidence requested from the Military Judge in 1996 with respect
to the testimony that, by means of rogatory letters to the respective judicial
authorities, the individuals exiled in Canada due to the threats they received should
render.208 On March 12 of that same year the private accuser withdrew this
request.209 Finally, the private accuser had to take steps on her own to bring some of
the witnesses to Guatemala to render their testimony;210
134.93.
on March 25, 1998, the Special Prosecutor asked the First Criminal, Drug
Trafficking and Environmental Crimes Court of First Instance, pursuant to Article 244
of the Criminal Procedures Code – the rules authorizing the courts to evaluate
secrecy or privacy of documents- to order the Ministry of National Defense to turn
over documents pertaining to the functioning and structure of the Presidential
General Staff, which had been denied based on the argument that they were under
official secret, or that they had been supplied in an imprecise manner or merely
transcribing literally the content of the respective provisions. The Public Prosecutor’s
Office also requested that, in case of non-compliance with this request, the person in
charge of supplying the information that would be submitted to the criminal
proceedings be warned that he or she might be found to be in contempt.211 The
Court ruled on this request on May 14, 1998, setting an eight-day term for the
Ministry of National Defense to supply the information requested;212
134.94.
on June 11, 1998, not having received a satisfactory response from the
Ministry of National Defense or other documents requested from the Criminal, Drug
206
Cf. request filed before the Military Court of First Instance of the Department of Guatemala on
April 30, 1996 (file with annexes to the brief answering the application and raising preliminary objections,
leaves 5024 to 5030).
207
Cf. request filed before the Military Court of First Instance of the Department of Guatemala on
July 22, 1996 (file with annexes to the brief answering the application and raising preliminary objections,
leaves 5428 to 5429).
208
Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance of February 24, 1998 (file with annexes to the brief answering the application and raising
preliminary objections, leaves 5847 to 5855).
209
Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance of February 24, 1998 (file with annexes to the brief answering the application and raising
preliminary objections, leaves 5862 to 5871).
210
Cf. testimony by Helen Mack Chang and Rember Larios Tobar rendered before the Court on
February 18 and 19, 2003.
211
Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance on March 25, 1998 (file with annexes to the brief answering the application and raising
preliminary objections, leaves 5881 to 5889).
212
Cf. writ issued by the First Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance on May 14, 1998 (file with annexes to the brief answering the application and raising preliminary
objections, leaf 5974).
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