96
g)
the Guatemalan courts have allowed abusive use of the amparo
remedy. While the law authorizes the amparo remedy against court rulings,
the interpretation of said possibility by the courts in this case has enabled the
parties to submit amparo remedies that have caused unjustifiable delays and
permanent discontinuity of the proceeding. From February, 1994, to the date
of the application, “eleven” amparo remedies have been filed by the
defendants. Their obvious inadmissibility, which should have led the judges to
reject them in limine to avoid undue delays in the proceeding, is
demonstrated by the fact that said amparo remedies have been rejected by
the courts. Furthermore, the 11 amparo remedies and their respective
appeals were decided by the courts outside the terms set forth in the law, and
this has entailed three years and four months of paralysis of the proceeding
due to said remedies. This demonstrates that the intervening judges have
been partly responsible for the use of the amparo remedy in this case as a
fourth instance, becoming a covert appeal and nullifying its objective and aim
of being a simple, rapid, and effective remedy;
h)
impunity that continues to exist in this case with respect to the
accessories is because in Guatemala there are still many opportunities for the
administration of justice to be subordinated to military interests, through
what the Comisión para el Esclarecimiento Histórico de Guatemala has called
“subterraneous mechanisms” of impunity.
After acknowledging its
responsibility for the murder of Myrna Mack Chang and the existence of a
denial of justice in this case, the State has done nothing to correct the
situation
On the contrary, all it has done is to try to disregard said
acknowledgment and to obstruct the judicial proceeding even more; and
i)
on October 3, 2002, the Third Criminal, Drug Trafficking and
Environmental Crimes Trial Court issued a judgment of first instance in which
Juan Valencia Osorio was found criminally responsible as perpetrator of the
crime of murder against Myrna Mack Chang, and defendants Edgar Augusto
Godoy Gaitán and Juan Guillermo Oliva Carrera were acquitted and cleared of
all charges. On May 7, 2003, the Fourth Appellate Chamber acquitted Juan
Valencia Osorio and upheld the terms of the first instance ruling that
acquitted the other defendants. This judgment attempts to ensure impunity
of such a grave violation, based on a reinterpretation of the facts that have
been duly proven in the case file and that were assessed at the appropriate
time by a judge of first instance in accordance with national legislation. In
the instant case, the Commission deems that the judicial actions of the
Guatemalan authorities have been arbitrary, and therefore the Court has the
authority to rule on the matter.
Pleadings of the representatives of the next of kin of the victim
160. The representatives of the next of kin of the victim asked the Court to find
that the State had breached Articles 8 and 25 of the Convention and, in this regard,
they stated that:
a)
in this case there was a systematic obstruction of the investigations by
the agents of the State to cover up the responsibilities of the agents of the
Presidential General Staff who were involved in the extra-legal execution of
the victim;
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