90
145. The second phase of the military intelligence operation consisted of keeping
watch on, following, and extra-legally executing the victims. This was done by a
group of specialists of the Presidential General Staff (supra paras. 134.3, 134.4,
134.6, 134.10 and 134.11). The execution of Myrna Mack Chang was not an isolated
act carried out by the Presidential General Staff specialist Noel de Jesús Beteta
Alvarez, but rather the result of a careful operation developed by the high command
of that body, directly executed by Sergeant Beteta Alvarez (supra paras. 134.5 and
134.22). In this regard, Noel de Jesús Beteta Alvarez stated, with respect to the
modus operandi of the Presidential General Staff, that:
[t]his type of murder missions is not often, it depends on the situation, but at that time
there was a lot of work. I think that there were perhaps some thirty murder missions,
only for me. This is aside from the rest of the group, so the amount is twenty by thirty.
Some six hundred a year only in that office (the EMP). In Myrna’s case they passed me
the file, I analyzed it and began the surveillance. This type of missions last no more
than fifteen days from when we single the person out until the time of the execution.
We do not report until the mission has been completed. Once that mission was
completed, I shredded the file, I burned it, and I did not speak about the matter any
more to anyone at the office. All my reports to Juan Valencia Osorio, my supervisor,
were verbal. It included the way to eliminate her so that people thought it was a
common crime. Then they tried to eliminate me physically and armed people even kept
watch on the house and came asking for me. I am sure that Juan Valencia Osorio
ordered that I be killed. That is why I left the country. Once I was a prisoner they did
not talk to me nor send me any messages. When my mother said that they were
coming to the house I understood the message.237
146.
In this regard, the CEH Report pointed out that:
[m]ost of the human rights violations took place with knowledge by or under orders
from the highest authorities of the State. Evidence from various sources (statements of
former members of the Armed Forces, declassified documentation, data from various
organizations, testimony of Guatemalan eminent persons) all points to the fact that the
intelligence services of the Army, especially the G-2 and the Presidential General Staff,
obtained information on all types of individuals and civil organizations, evaluated their
behavior in their respective spheres of activity, prepared lists of those to be repressed
due to their allegedly subversive nature, and then, according to each case, captured,
interrogated and tortured them, made them disappear, or executed them.
[…T]he responsibilities for many of these violations include, in the line of military
command and in that of political and administrative responsibility, the highest levels of
the Army and of successive Governments.
[…T]he excuse that the lower-ranking officers acted with a great deal of autonomy and
decentralization, which would explain “excesses” and “mistakes” that were not ordered
by the commanding officers, is a groundless argument according to the investigation
conducted by the CEH. The notorious fact that no commander, officer or intermediate
authority in the Army or the security forces of the State has been prosecuted or
convicted for his acts in violation of human rights over so many years strengthens the
evidence that most said violations resulted from an institutional policy that ensured an
impenetrable impunity, which continued throughout the period investigated by the
CEH.238
147. The REMHI Report, in turn, in fitting with the statements by Noel de Jesús
Beteta Alvarez regarding the modus operandi, in connection with the extra-legal
executions in Guatemala, found that:
237
Cf. Report by the Proyecto Interdiocesano de Recuperación de la Memoria Histórica, “Guatemala:
Nunca Más: los mecanismos del horror,” volume II, page 190; and transcripts of interviews with Noel de
Jesús Beteta Alvarez (file with annexes to the application, annex 52.2, leaves 1152 to 1259).
238
Cf. report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio”
in June, 1999, Conclusions, pages 47 to 48.
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