84
live in exile in Canada as a consequence of the threats and acts of intimidation that
they suffered at the time;219
134.100. members of the Public Prosecutor’s Office and judges who were in charge
of the case were also threatened and harassed.220 Henry Monroy Andrino, the trial
Judge who issued the order for the trial to commence against those accused as
accessories (supra para. 134.49), suffered threats and acts of intimidation. The
“Secretary General of the Judiciary Body,” specifically, advised him not to issue a
decision against the military, and this was one of the various circumstances that led
him to resign the judgeship and seek exile in Canada;221
Threats to the next of kin of Myrna Mack Chang, members of the Myrna Mack
Foundation and AVANCSO staff
134.101. Helen Mack Chang as well as other members of the Mack Chang family
have received threatening phone calls and have been followed and intimidated222
134.102. staff members of the Mack Foundation, advisors in the case and AVANCSO
staff have suffered intimidation and threats;223
Specific facts pertaining to the next of kin of Myrna Mack Chang
134.103. the next of kin of Myrna Mack Chang are the following persons: Lucrecia
Hernández Mack, daughter; Yam Mack Choy, the father, deceased on April 24, 1999;
Zoila Chang Lau, the mother; Helen Mack Chang, sister; Marco Mack Chang, brother;
Freddy Mack Chang, brother; Vivian Mack Chang, sister; and Ronald Chang Apuy,
cousin;224
219
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); and report by the Comisión para el Esclarecimiento Histórico, “Guatemala,
memoria del silencio” in June, 1999, volume VI, pages 235 to 244 (file with annexes to the application,
annex 42, leaves 788 to 793).
220
Cf. testimony of Henry Monroy Andrino rendered before the Court on February 19, 2003.
221
Cf. testimony of Henry Monroy Andrino rendered before the Court on February 19, 2003.
222
Cf. Helen Mack Chang et al. Provisional Measures; supra notes 3 to 5; testimony by Lucrecia
Hernández Mack and Helen Mack Chang rendered before the Court on February 18 and 19, 2003; expert
opinions of Mónica Pinto and Alicia Neuburger rendered before the Court on February 18 and 19, 2003;
and sworn statements by Lucrecia Hernández Mack, Zoila Chang Lau, Helen Mack Chang, Marco Mack
Chang, and Freddy Mack Chang made before a notary public on 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-12, leaves 2291 to 2298).
223
Cf. Helen Mack Chang et al. Provisional Measures; supra notes 3 and 4 and 6 and 7; letter by
Clara Arenas Bianchi dated February 11, 1993 (file with annexes to the application, annex 48, leaves 898
to 906); testimony by Helen Mack Chang and Nadezhda Vásquez Cucho rendered before the Court on
February 18 and 19, 2003; expert opinion of Mónica Pinto rendered before the Court on February 19,
2003; and report by the Special Rapporteur appointed by the Human Rights Committee of the United
Nations, dated December 19, 1997 (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-III-27, leaf 2160).
224
Cf. birth certificate No. 079154 of Myrna Mack Chang issued on August 3, 2001, birth certificate
No. K 1516503 of Lucrecia Hernández Mack issued on November 3, 1981, birth certificate No. 079153 of
Helen Mack Chang issued on August 3, 2001, birth certification of Marco Mack Chang, birth certification of
Freddy Mack Chang, legal residence card of Yam Mack Choy and birth certificate of Zoila Chang Lau
issued on August 3, 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-01, leaves 2227 to 2241); sworn
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