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No exhumation has been conducted at the Las Cabañas base and the proceedings in
the Bámaca Velásquez Case have been filed.
While he was acting as special prosecutor, he was threatened, harassed and
attempts were made on his life. Due to this, he presented a complaint to the
Ombudsman and he also obtained a precautionary measure in his favor through the
Inter-American Commission (supra 12).
The Guatemalan judicial system is totally ineffective and it is not possible “to have
access to a simple and effective recourse, with full guarantees of due process, in the
case of the forced disappearance of Efraín Bámaca [Velásquez]”. In Guatemala, no
guerrilla has been submitted to justice and condemned for his terrorist activity; in
other words, there are no political prisoners in the country.
He was concerned that he had given testimony before the Court, because “one
cannot tell what may happen [in Guatemala].”
d.
Testimony of James Harrington, US lawyer, Director of the
Texas Civil
Rights Project, and university professor
He traveled to Guatemala in order to accompany Jennifer Harbury to an exhumation
procedure in Retalhuleu, on May 20, 1992. The purpose of this procedure was to
verify whether the body buried in that place was really that of Efraín Bámaca
Velásquez.
On arriving in Guatemala City, those who accompanied Harbury met with the
Ombudsman, who appointed a coroner and a photographer to accompany them
during the procedure. Many security measures surrounded the meeting and the
Ombudsman was very nervous.
In the cemetery on May 20, 1992, were the judge who was going to direct the
exhumation, a representative of the church, Francis Farenthall, Jennifer Harbury and
himself.
When the excavation was commencing, a caravan of approximately 8 to 12 military
vehicles arrived at the cemetery. About 20 armed soldiers surrounded the site that
was being excavated and one of them told the judge that he must halt the
exhumation. Despite this, the judge and the coroner did not cede and the judge
gave the order to continue the procedure, indicating “that he had the authority and
that the procedure would continue.”
The excavation continued and they were able to find the plastic bag with the body.
Just as they were extracting the bag, the Attorney General, Acisclo Valladares,
arrived in a helicopter, accompanied by a photographer and one or two soldiers,
shouting that the exhumation should be halted. Owing to this order, there was a
heated discussion between the judge and the Attorney General.
Among the reasons that the Attorney General mentioned for canceling the
exhumation were that: there was no one who could identify the body; in order to
conduct the procedure, a member of the family should be present; it could not be
conducted in the presence of foreigners; and someone from the guerrilla should be