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murder her. Furthermore, the motivation for the murder was political, due to
the professional activities carried out by Myrna Mack Chang in connection with
the internally displaced population. Likewise, the modus operandi to extralegally execute Myrna Mack Chang was that used by the Guatemalan
intelligence services and, specifically, by the Presidential General Staff, at the
time of the facts; and
c)
the extra-legal execution of Myrna Mack Chang was the consequence
of a carefully prepared plan developed by the high command of the
Presidential General Staff, which consisted of singling-out the victim, keeping
watch on her, executing her, and covering up the direct perpetrators and the
accessories insofar as possible and obstructing the administration of justice,
whether directly or through subterraneous influences.
Pleadings of the representatives of the next of kin of the victim
136. The representatives of the next of kin of the victim asked the Court to find
that the State is responsible for the arbitrary deprivation of the right to life of Myrna
Mack Chang and, therefore, responsible for violation of Article 4 of the American
Convention. In addition to reiterating various pleadings of the Commission, said
representatives pointed out that:
a)
planning and execution of the plan to murder Myrna Mack Chang was
for political motives linked to her professional activity and can be ascribed to
members of the Presidential General Staff of Guatemala, which coincides
precisely with the patterns of selective extra-legal executions at the time;
b)
Myrna Mack Chang was not simply an anthropologist, and she was not
murdered only for practicing her profession. She was targeted because she
represented the expression and dissemination of the truth, especially
regarding the repression campaigns of the Army in the rural sectors, the aim
of which was to not leave evidence regarding those military actions, to avoid
opposition and to avoid attracting international scrutiny;
c)
the statements of Noel de Jesús Beteta Álvarez, one of the direct
perpetrators of the facts, the testimony of individuals who refer to the
surveillance and execution of the victim, partial acknowledgment of
responsibility by the State, public or judicial statements of high officials of the
Guatemalan Government, the CEH Report, the REMHI Report, and the
patterns of political repression at the time of the facts, provide conclusive
grounds to affirm the institutional responsibility of the security forces the
Presidential General Staff in the execution of the victim; and
d)
the manner in which Noel de Jesús Beteta Álvarez and the agents of
the Presidential General Staff involved in the execution acted could not have
occurred without the intervention and knowledge of the commanding officers
at the institution. Various items of evidence in the case file point to the same
conclusion: “the murder of Myrna Mack was committed by an agent of the
State in his capacity as an active member of the Presidential General Staff,
carrying out orders received from other officers of this advisory military
body.”
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