82 Guatemala to Canada due to threats and intimidation (infra paras. 134.97 to 134.99).206 On July 22, 1996, the private accuser requested that the procedural step to be taken in Canada be recognized and accredited;207 134.92. on February 24, 1998, the private accuser asked the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance to continue the process of production of the evidence requested from the Military Judge in 1996 with respect to the testimony that, by means of rogatory letters to the respective judicial authorities, the individuals exiled in Canada due to the threats they received should render.208 On March 12 of that same year the private accuser withdrew this request.209 Finally, the private accuser had to take steps on her own to bring some of the witnesses to Guatemala to render their testimony;210 134.93. on March 25, 1998, the Special Prosecutor asked the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance, pursuant to Article 244 of the Criminal Procedures Code – the rules authorizing the courts to evaluate secrecy or privacy of documents- to order the Ministry of National Defense to turn over documents pertaining to the functioning and structure of the Presidential General Staff, which had been denied based on the argument that they were under official secret, or that they had been supplied in an imprecise manner or merely transcribing literally the content of the respective provisions. The Public Prosecutor’s Office also requested that, in case of non-compliance with this request, the person in charge of supplying the information that would be submitted to the criminal proceedings be warned that he or she might be found to be in contempt.211 The Court ruled on this request on May 14, 1998, setting an eight-day term for the Ministry of National Defense to supply the information requested;212 134.94. on June 11, 1998, not having received a satisfactory response from the Ministry of National Defense or other documents requested from the Criminal, Drug 206 Cf. request filed before the Military Court of First Instance of the Department of Guatemala on April 30, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5024 to 5030). 207 Cf. request filed before the Military Court of First Instance of the Department of Guatemala on July 22, 1996 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5428 to 5429). 208 Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance of February 24, 1998 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5847 to 5855). 209 Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance of February 24, 1998 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5862 to 5871). 210 Cf. testimony by Helen Mack Chang and Rember Larios Tobar rendered before the Court on February 18 and 19, 2003. 211 Cf. request to the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance on March 25, 1998 (file with annexes to the brief answering the application and raising preliminary objections, leaves 5881 to 5889). 212 Cf. writ issued by the First Criminal, Drug Trafficking and Environmental Crimes Court of First Instance on May 14, 1998 (file with annexes to the brief answering the application and raising preliminary objections, leaf 5974).

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