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269. Regarding this point, the Commission asked the Court to order the State to
adopt the following reparations as measures of satisfaction and guarantees of nonrecidivism:
a)
to take such measures as may be necessary to provide domestic legal
effect to the obligation to investigate and effectively punish the accessories of
the extra-legal execution of Myrna Mack Chang. The main reparation sought
is the effective trial and punishment of the accessories in the murder of Myrna
Mack Chang;
b)
to remove all obstacles and de facto and legal mechanisms that
maintain impunity in the instant case. In this regard, the judges, prosecutors,
witnesses, legal operators and next of kin in this case must receive sufficient
safety guarantees; furthermore, the judicial authorities must use all means
available to them so as to expedite the proceeding in pursuit of justice;
c)
to promptly substitute the Presidential General Staff in compliance
with the agreements set forth in the Peace Accords;
d)
to adopt the de facto and legal measures required for the Guatemalan
legal system to be free of rules that enable protection through official secret in
investigations on human rights violations;
e)
to ensure remembrance of the victim through other measures of
satisfaction and non-recidivism, for which it requested that the State publish a
book on the history of Myrna Mack Chang’s life; that it produce a video on the
history of the victim’s life; that it build a monument to honor the victim or
name a square or avenue after her; and that it establish a scholarship in her
name in the Anthropology career at a Guatemalan university for a student to
be funded throughout his or her studies;
Pleadings of the representatives of the next of kin of the victim
270. In their respective brief, the representatives of the next of kin of the victim
stated that the Mack family asked the Court to order the State to adopt the following
measures of satisfaction:
a)
to continue the domestic judicial investigation and publicly try all the
direct perpetrators and accessories who have not yet been tried;
b)
to remove all obstacles to the development of the domestic judicial
proceeding, which includes adopting the following measures:
b.i)
since Helen Mack Chang as “partie civile” in the criminal
proceeding has sought to obtain the testimony of witnesses living
abroad to establish who the accessories were, without an efficient
response by the State, that the Court order the State to issue the
required authorizations to allow witnesses Virgilio Rodríguez Santana,
Rember Larios Tobar, Julio Pérez Ixcajop, Juan Marroquín Tejeda, and
José Tejeda Enríquez to be heard by the Court in the case in
Guatemala.
The State must ensure such measures as may be
necessary for the production of the evidence and to provide the
security conditions required;
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