109
accept competence has had the effect of causing delays that affect the development
of the proceeding and the right of the private accuser to be heard within a reasonable
term.”266
214. The fact that a covert military intelligence operation carried out by the
Presidential General Staff was involved also delayed the criminal proceeding
substantially (supra paras. 134.12, 134.13 and 134.26). In this regard, the State
itself “also acknowledged that military influence might be a factor affecting the
difficulties and irregularities in the proceeding.”267
215. In view of the criteria set forth by the Court regarding this matter, and taking
into account the scope of reasonable term in judicial proceedings,268 it can be stated
that the proceeding followed before the various instances in this case did not respect
the principle of a reasonable term enshrined in Article 8(1) of the American
Convention.
*
*
*
216. It has been established that in the instant case the extra-legal execution of
Myrna Mack Chang resulted from a military intelligence operation of the Presidential
General Staff, which sought to conceal the facts and sought impunity of those
responsible, and to this end, with tolerance by the State, it resorted to all types of
means, including harassment, threats and murders of those cooperating with the
courts. All this has affected the production of evidence and independence of the
judiciary, has delayed the criminal proceeding, and has a negative impact on the
development of this proceeding.
217. On the other hand, it has been proven that, despite the fact that said criminal
proceeding commenced with the aim of elucidating the facts, it has not been effective
to try and, if appropriate, to punish all those responsible, as stated before (supra
paras. 134.19 and 134.26). While one of the direct perpetrators of the facts has been
convicted, the truth of the matter is that the State has neither identified nor
punished all those criminally responsible for the illegal acts that gave rise to the
application (direct perpetrators, accessories, participants and accessories after the
fact). In the case studied here, it has been proven that the killing of Myrna Mack
Chang fit within a pattern of selective extra-legal executions (supra paras. 134.10
and 134.11), with the characteristic that there has also been impunity (infra paras.
134.12 and 134.13). In the context of this situation, the judicial remedies are not
effective, the judicial investigations have serious shortcomings, and the passage of
time plays a crucial role in erasing all traces of the crime, thus making the judicial
protection enshrined in Articles 8 and 25 of the American Convention illusory.
218. In view of what has been stated above in this chapter, the Court reaches the
conclusion that the State breached Articles 8 and 25 of the American Convention in
combination with Article 1(1) of that same Convention, to the detriment of the
266
Cf. Tenth Report on Human Rights by the United Nations Verification Mission in Guatemala
(MINUGUA) in January, 2000. Para. 70.
267
Cf. report by the Government of the Republic of Guatemala to the Inter-American Commission
on Human Rights, pages 2 and 3 (file with annexes to the application, annex 10, leaves 232 to 233).
268
Cf. Case of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001. Series
C No. 79, para. 134; Case of the Constitutional Court. Judgment of January 31, 2001. Series C No. 71,
para. 93; and “White Van” Case (Paniagua Morales et al.), supra note 8, para. 152.
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