59 134.16. the Presidential General Staff is a special team of military personnel assigned to the President of the Republic, formally entrusted with his security and that of his family. It is composed of various departments, among which the intelligence unit called Presidential Security Department, also known as “La Regional” or the “Archivo” stands out;55 134.17. the “Archivo” was a secret operational unit entrusted with executing the orders of the Presidential General Staff. It conducted clandestine intelligence operations: control, detentions and interrogations and executions. The “Archivo” was headed by an intelligence officer, with the assistance of another officer called deputy head or second head, generally a major. The unit included a substantial number of specialists and civilians, and had a vast network of informants;56 134.18. in 1990, general Edgar Augusto Godoy Gaitán was the Head of the Presidential General Staff; Juan Valencia Osorio was the Head of the Presidential Security Department of the Presidential General Staff, and Juan Guillermo Oliva Carrera was the Deputy Head of the Presidential Security Department of the Presidential General Staff;57 With respect to the judicial proceedings 134.19. lack of diligence in processing of the criminal proceeding and its obstructions make it obvious that the courts have not demonstrated their will to elucidate all the facts pertaining to the extra-legal execution of Myrna Mack Chang and to try and punish all the direct perpetrators and accessories, as well as others who are responsible for depriving the victim of the right to life and for covering up the extra-legal execution and the other facts in the instant case; Criminal proceeding against Noel de Jesús Beteta Álvarez 134.20. on September 11, 1990, the Justice of the Peace on Duty ordered the pretrial investigative procedure to begin, and visited the scene of the occurrence, where he conducted a judicial inspection of the body of Myrna Mack Chang and then ordered the respective necropsy. The Public Prosecutor’s Office also appeared in the proceeding. Once the competence of the Justice of the Peace had been exhausted, 55 Cf. expert opinions of Iduvina Hernández and Katharine Doyle rendered before the Court on February 19, 2003; report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio,” volume II, pages 83 to 86; Edgar Gutiérrez, “Hacia un paradigma democrático del sistema de inteligencia en Guatemala” of October, 1999, pages 58 to 61 (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-VII92); and report by the Proyecto Interdiocesano de Recuperación de la Memoria Histórica, “Guatemala: Nunca Más: los mecanismos del horror,” volume II, pages 94 to 98. 56 Cf. expert opinions of Iduvina Hernández and Katharine Doyle rendered before the Court on February 19, 2003; report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio,” volume II, pages 83 to 86; Edgar Gutiérrez, “Hacia un paradigma democrático del sistema de inteligencia en Guatemala” of October, 1999, pages 58 to 61 (file with annexes to the brief filed by the representatives, annex R-VII-92); and report by the Proyecto Interdiocesano de Recuperación de la Memoria Histórica, “Guatemala: Nunca Más: los mecanismos del horror,” volume II pages 94 to 98. 57 Cf. Judgment of October 3, 2002 of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court, Guatemala (file with additional annexes to the application, annex 8, leaves 9430 to 9511); and expert opinion of Katharine Doyle rendered before the Court on February 19, 2003.

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