12
Ronald Chang Apuy, cousin; Lucrecia Hernández Mack, daughter; and the latter’s
children; as well as that of Iduvina Hernández.5
62.
On April 17, 2003, the Inter-American Commission filed before the InterAmerican Court, pursuant to Articles 63(2) of the American Convention and 25 of the
Rules of Procedure, a request for expansion of the provisional measures ordered in
this case to protect Jorge Lemus Alvarado, “a witness in the case laid before the
domestic courts” regarding the murder of Myrna Mack Chang, and his next of kin. In
said brief, the Commission stated that Jorge Lemus Alvarado “has been suffering a
number of grave acts of harassment and aggression by agents of the Guatemalan
State.”
63.
On April 25, 2003, the President of the Court decided to order the State to
adopt, forthwith, such measures as might be necessary to protect the life and
personal integrity of Jorge Lemus Alvarado and of his next of kin.6
64.
On June 6, 2003, the Court ratified the April 25, 2003 Order of the President
and, in turn, ordered Guatemala to maintain the provisional measures in favor of all
the persons protected by the previous Orders.7
VI
ACKNOWLEDGMENT OF RESPONSIBILITY BY THE STATE
65.
In the instant case there has been a dispute between the parties regarding
the acquiescence and the scope of the acknowledgment of international responsibility
by the State. For this reason, and in light of the provisions of Article 52 of the
American Convention, the Court will decide on the validity and scope of the
acquiescence and its juridical effects. To this end, it will now summarize the
arguments of the State, as well as the respective pleadings of the Commission and of
the representatives of the next of kin of the victim.
Arguments of the State and pleadings of the Inter-American Commission and of the
representatives of the next of kin of the victim
66.
On March 3, 2000, during a public hearing at the seat of the Commission, the
State acknowledged its “institutional responsibility” in the instant case, in the
following terms: “[t]he Government acknowledges the institutional responsibility of
the State in the murder of Myrna Mack Chang, as well as delay and denial of justice.”
5
Cf. Helen Mack Chang et al. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 21, 2003. Series E No. 4. Note: in this Order, beneficiary Ronald Chang Apuy is
identified as Ronnie Chang Apuy. In the instant Judgment, he is called Ronald Chang Apuy in accordance
with his sworn statement. Cf. sworn statement of August 22, 2001 (file with annexes to the brief with
requests, pleadings and evidence submitted by the representatives of the next of kin of the victim, annex
R-VI-02, leaf 2243).
6
Cf. Helen Mack Chang et al. Provisional Measures. Order of the President of the Inter-American
Court of Human Rights of April 25, 2003. Series E No. 4.
7
Cf. Helen Mack Chang et al. Provisional Measures. Order of the Inter-American Court of Human
Rights of June 6, 2003. Series E No. 4.
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