Disclosure of Military Documents

The next major obstacle faced by the prosecution was the Guatemalan military's refusal to provide necessary information in the investigation. This obstacle was extremely serious as, unlike the case against Beteta, the involvement of the presumed intellectual authors--who would not have been present at the crime scene--would have to be explored, at least initially, through military records, in particular those of the EMP. The requested information, such as the EMP's organization and function, its personnel, and its vehicle and events logs, are of obvious relevance to an inquiry whose resolution depends on an understanding of the EMP's organization, structure and lines of authority. However, the military claimed that the requested material concerned matters of national security and withheld it, even though the new governing Criminal Procedure Code (CPC) authorizes the competent judge to make a private review of documents that are withheld on grounds of national security, and to incorporate, on a confidential basis, appropriate portions into the court file.

On March 18, 1994, Helen Mack petitioned the Supreme Court to order the Defense Ministry and EMP to produce relevant documents. After deliberating for less than a day, the Supreme Court denied her request. Her petition for reasons was rejected on March 21, though she was not notified until April 12. On May 10, she sought legal relief from the Constitutional Tribunal, but on October 18, it ruled in favor of the Supreme Court's decision. On December 20, 1994, Helen Mack sought reasons for the decision, but was turned down the next day. There were no more avenues of appeal and Helen Mack was left with no further measure to protect or obtain these documents. The judiciary's refusal to order the preservation or delivery of documents related to Myrna Mack, particularly when more than four years had passed since the crime, suggested a lack of will within the judiciary to ensure a thorough investigation and vigorous prosecution.

Pursuing the issue through political channels proved equally futile. Archbishop Próspero Penados implored President de León Carpio, who as Ombudsman had characterized the crime as political, to order the production of documents. President de León Carpio replied that he had ordered the Minister of Defense to seek any documents relating to Myrna Mack but that the armed forces had indicated it had no such documents.

In March 1996, the Inter-American Commission on Human Rights declared 'admissible' the 1991 petition by Helen Mack and Human Rights First requesting that the case be fully investigated and adjudicated. Normally, complainants are required to exhaust remedies in domestic courts before international human rights bodies such as the Commission will entertain complaints. The Commission found that delays and obstacles so compromised Helen Mack's ability to obtain effective access to a remedy that the 'exhaustion' requirements were deemed inapplicable to the case. With the OAS matter pending, Helen Mack and Human Rights First continued to pursue the domestic prosecution. next>>