70
competence” and therefore it should be forwarded once again to the Second
Criminal, Drug Trafficking and Environmental Crimes Trial Court for it to continue
with the established competence;128
134.51.
once it received the proceeding on February 19, 1999, the Second
Criminal, Drug Trafficking and Environmental Crimes Trial Court posed, on its own
motion, a “query on competence” to hear the case, and the judicial records were
therefore forwarded to the Criminal Chamber of the Supreme Court of Justice for it to
decide which court should continue to hear the case;129
134.52.
on March 11, 1999, the Criminal Chamber of the Supreme Court declared
the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court competent
to hear the oral trial in this case. In that same ruling, it ordered that the case
records be forwarded to the Second Criminal, Drug Trafficking and Environmental
Crimes Court of First Instance for it to clearly, precisely, and in a detailed manner
specify the punishable act ascribed to the defendants, since it had not done so in a
concrete manner in its January 28, 1999 ruling;130
134.53.
pursuant to the previous ruling, on March 18, 1999, Judge Henry Monroy
Andrino of the Second Criminal Court of First Instance expanded and specified the
January 28, 1999 ruling (supra para. 134.49). Judge Monroy Andrino’s order
included, inter alia, the following items: 1) Edgar Augusto Godoy Gaitán, as Head of
the Presidential General Staff, together with Juan Valencia Osorio and Juan Guillermo
Oliva Carrera, Head and Deputy Head of the Presidential Security Department of the
Presidential General Staff, respectively, planned and ordered a plan to keep watch on
and physically eliminate Myrna Mack Chang; 2) said plan consisted of monitoring the
activities of the victim, especially through constant surveillance of her house and
following her personally; 3) the plan culminated with the physical elimination of the
victim, carried out by Noel de Jesús Beteta Álvarez, assigned to the Presidential
Security Department of the Presidential General Staff, together with other
unidentified persons; 4) the accused planned and ordered the death of Myrna Mack
Chang because they deemed that the anthropologist had ties with the communities
of resisting population and that her investigations on the displaced population groups
affected military strategy and harmed the image of the State; and 5) once the
murder had been committed, the accused sought to cover up the crime, carrying out
acts of intimidation, ordering alterations to and disappearance of documents, as well
as influencing the refusal to provide information to the representative of the Public
Prosecutor’s Office;131
128
Cf. ruling of the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court of
February 16, 1999 (file with annexes to the brief answering the application and raising preliminary
objections, leaves 7721 to 7722).
129
Cf. query regarding competence of the Second Criminal, Drug Trafficking and Environmental
Crimes Trial Court dated February 19, 1999 (file with annexes to the brief answering the application and
raising preliminary objections, leaves 7724 to 7727).
130
Cf. writ issued by the Third Criminal, Drug Trafficking and Environmental Crimes Trial Court on
March 11, 1999 (file with annexes to the brief answering the application and raising preliminary
objections, leaf 7729).
131
Cf. ruling by the Second Criminal, Drug Trafficking and Environmental Crimes Court of First
Instance dated March 18, 1999 (file with annexes to the application, annex 36, leaves 719 to 734 and file
with annexes to the brief answering the application and raising preliminary objections, leaves 7731 to
7744); and testimony of Henry Monroy Andrino rendered before the Court on February 19, 2003.
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