108
208. On the other hand, the Court notes that since February 9, 1994, the date on
which the Supreme Court of Justice of Guatemala left the proceeding open against
the accessories of the extra-legal execution of Myrna Mack Chang, the defense
counsel filed a large number of legal questions and remedies (amparo remedies,
constitutional motions, objections to judges, interlocutory motions, motions
regarding lack of competence, appeals for annulment, requests for exemption under
the National Reconciliation Law, among others), that have not allowed the
proceeding to move forward to its natural culmination.
209. This manner of exercising the means made available by law to the defense
counsel has been tolerated and permitted by the intervening judicial bodies,
forgetting that their function is not exhausted by enabling due process that
guarantees defense in the trial, but that they must also ensure within a reasonable
time263 the right of the victim or the victim’s next of kin to know the truth of what
happened and for those possibly responsible to be punished.264
210. The right to effective judicial protection therefore requires that the judges
direct the proceeding in such a way as to avoid undue delays and obstructions that
lead to impunity, thus frustrating due judicial protection of human rights.265
211. In light of the above, the Court deems that the judges, who are in charge of
directing the proceeding, have the duty to direct and channel the judicial proceeding
with the aim of not sacrificing justice and due legal process in favor of formalism and
impunity. Thus, if the authorities permit and tolerate such use of judicial remedies,
they turn them into a means for those who commit the illegal act to delay and
obstruct the judicial proceeding. This leads to a violation of the international
obligation of the State to prevent and protect human rights and it abridges the right
of the victim and the next of kin of the victim to know the truth of what happened,
for all those responsible to be identified and punished, and to obtain the attendant
reparations.
g)
Reasonable term
212. The Court has deemed proven that in the instant case the limits of a
reasonable term have been exceeded, and the State has expressly recognized this
since the acknowledgment of international responsibility before the Inter-American
Commission on March 3, 2000.
213. This Court also notes that each of the points discussed above has contributed
to the fact that a definitive judgment has not been issued that elucidates all the facts
pertaining to the extra-legal execution of Myrna Mack Chang and that punishes all
those responsible for the facts, including the direct perpetrators, instigators,
participants and accessories after the fact, despite the passage of more than thirteen
years from the date of the murder. In this regard, the United Nations Verification
Mission in Guatemala pointed out in its tenth report that “[i]n the Myrna Mack case,
the multiple remedies filed by the accused and the hesitancy of the trial courts to
263
Cf. Bulacio Case, supra note 9, para. 114; Hilaire, Constantine and Benjamin et al. Case, supra
note 260, para. 142 to 144; and Suárez Rosero Case. Judgment of November 12, 1997. Series C No.
35, para. 71 and 72.
264
Cf. Bulacio Case, supra note 9, para. 114.
265
Cf. Bulacio Case, supra note 9, para. 115.
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