41
Starting on September 29, 1990, Mérida Escobar’s life radically changed, as he
began to suffer harassment, threats, surveillance, and various types of persecution.
The life of the witness also changed. The first reprisal against him was removal from
his position as head of criminological investigations and his subsequent appointment
to a lesser position, where he was punished and arrested for alleged misdeeds in the
performance of his duties, which he had not committed.
Before rendering testimony before the courts, Mérida Escobar stated to him that he
feared a second reprisal because he continued to be under surveillance and to
receive threats. Despite the fear that he felt, he went to the court and told the truth
about what he knew of the Myrna Mack Chang case. Weeks after his testimony, he
was killed by assassins, expert shooters, one hundred meters from the headquarters
of the National Police, with four shots to the face. There was a complete squad of
armed policemen who merely watched how the crime was committed, in full daylight
in a park. They left him there on the ground like a wounded animal. His killers left
so much evidence at the scene of the crime and so many witnesses that it was
possible to know where they came from. José Mérida Escobar was killed by the same
persons who killed Myrna Mack Chang, for having rendered testimony in the case.
Mérida Escobar’s academic qualities and professional performance were excellent.
Before September 29, 1990, the witness only had recognitions and congratulations
on his police record for his struggle against crime. After his colleague was murdered,
he could not continue to live in his house, which was constantly being watched and
was attacked with gunfire. Finally, he decided to go into exile in Canada in 1992.
He asked the Inter-American Court, in its ruling, to vindicate the National Police as
an institution and the memory of José Mérida Escobar, who was a symbol of sacrifice
and example to others; an example that can be reflected on all the new generations
of policemen, and perhaps with this example some day, relatively soon, that
mentality of indifference will be changed into a true service vocation with a mentality
of respect, adherence to the law, and social justice.
f.
Testimony of Henry Monroy Andrino, former Judge25
In 1990, he lived with his family in Guatemala and he was the regular judge at the
Second Criminal Court of First Instance in Guatemala City.
In January, 1999, after an objection and self-disqualification of the previous Judge,
he was assigned the Myrna Mack Chang case. He was in charge of the hearing on
whether or not to issue an order for trial to commence against the persons identified
as those responsible for this crime. Based on that hearing and studying the file, his
conclusion as a judge at the time was that there was sufficient evidence to presume
the responsibility of the persons who were being accused by the Public Prosecutor’s
Office for being the instigators or accessories before the fact in connection with the
murder of anthropologist Myrna Mack Chang.
Those individuals were three members of the Guatemalan Army: general Godoy
Gaitán and two Army colonels, Juan Valencia Osorio and Juan Guillermo Oliva
Carrera. The items of evidence for this decision were details regarding the chain of
25
The witness rendered testimony on what he knows for a fact regarding the murder of Myrna
Mack Chang, on the threats he received and on other background pertaining to the object of the case.
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