case study
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The Myrna Mack Case
Summary
Inuatemalan Myrna Mack Chang was killed near her office in Guatemala City. Infter numerous delays io the judicial process. Noel dc Jesusember of the Presidential General Staffas found guilty of the crime aod sentenced toears in prison; the ruling has been upheld on several appeals. While the aJkget intellectual authors of the crime have not been tried, the most recent court ruling leaves open thi possibility. The Mack family continues to seek punishment of all who were involved in the
Myma Elizabeth Mackycar old anthropologist/sociologist, was stabbedimes and killed on II0 She had been researching issues affecting displaced persons in Quiche and Huehuetenango Departments and was working for the Guatemala City-based Association for the Promotion of Social Studies (AVANSCO).
A According to the US. Embassy AVANSCO may have been under the control of the rebel Guerrilla Army of tbe Poort the lime of Macks death.
A Mack is widely believed to have had ties to Ricardopanish Jesuit priest and authorritical study of the Guatemalan militaryscorched earth campaign; after Mack's death. Falla was accused by senior Army officers ofebel leader and ideologue and was expelled from the^
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A1 Embassy report stated lhat, from the start, the Mack killing appears to have had political motives and to have been executed by tbe Presidential Military Staffounterinsurgency operation against someone suspected of having had contact with the guerrillas. This will be an acid test for the governments political will and for the ability of the
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CONRS^NTIAL
decrepit Guatemalan judicial system lo deliver.|NQ
Noel de Jesusormer Army sergeant who was assigned to Ihe Presidential General Staffs Department of Presidential Security (Archives) at the time of Macks killing, was convicted of the murder and sentenced toears (plus five years for the unrelated abuseinor) oncicta had fled to the United States inuatemalan judgearrant for his arrest inhe US Embassy helped locate the fugitive in Los Angeles and arranged for his extraditionDEC9I;.]
A Beteta claims he has been abandoned by the Army; he says their agreement was that he would remain silent about the "intellectual authors" in exchangeilitarily arranged and facilitated escape orongressional amnesty.
A According lo defense attach reporting, some Army officers see Betetacapegoat who was sacrificed to show the international community that Guatemalas justice system can protect and ensure human rights. TS^F^
Helen Mack Chang, founder of the Myrna Mackon-profit group established in3 to sponsor human rights seminars and technical workshops and to provide legal counsel forelentless crusader for justice in her sisters murder case.
A Wiih the support of ihe Archbishops Human Rights Officeack continues to press for the trial of the intellectual authors of the crime-former PGS officials Gen. (retired) Edgar Godoy Gaitan. Lt Col. Juan Valencia Osorio. and U. Col. Juan Oliva Carrera-whom she alleges ordered the surveillance and killing of her sister.
Developments, in the
The court proceeding began on1 wiih the rough equivalentrand jury indictment against Beteta. but it quickly raneries of setbacks;
A Twelve different judges were eventually excused from the case
A Jurisdiction was passed from civilian to military and then back to civilian courts
A Witnesses and court officials received anonymous threats
A The lead police investigator in the case was assassinaied. although various sources later reported he was killed for unrelatedF)^
Based in large pan on the testimony of two eyewitnesses--who subsequently accepted political asylum inonviction and sentence were finally handed down on
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iat the Mack murderers have yet to be convicted; all accounts agree that two attackers killed Myma Mack, and no investigations or proceedings are currently pending against either the second assailant or the attackers| CS-JtfF^
The case then moved into the appeal process. Following an3 Appellate Court review, the Embassy noted, we share her (Helen Macks) disappointment thai the court dismissed charges against Betetas superiors, butthat nothing more than circumstantial evidence implicated the accused intellectualJ Oneteta and several inmates escaped from prison but were recaptured the same day.
A Embassy reporting suggested the escape was prearranged; however, most observers doubt that high-level military assistance was involved and suspect Betetas friends were behind tbe failed attempt. (SJ^F^
Beteta unsuccessfully attempted suicide twice in4 following his well-publicized allegations that Lt. Col. Valencia Osorio had given the order to kill Myma Mack. However, this video taped testimony, in which ex-convict Jorge Lemus asked Beteta leading questions, was widely viewedoax.
A Lemus had already accused Beteta's superiors as the true authors of the Mack murderetierocal newspaper innd further claimed that Beteta did not plan his unsuccessful3 prisonhe Embassy criticized Lemus self-promoting attempts to gain notoriety and did not find his allegations credible. (CS^F)
Inhe appeal process was exhausted when GuatemaJas Constitutional Court declined to review-and thereby confirmed-the Supreme Courts4 ruling that sufficient evidence existed for the case against the alleged intellectual officers to continue. Both courts, however, also ruled that the executive branch could not be compelled to turn over its files oo the case. Helen Mack alleges such files exist and that tbey would prove that Beteta acted under orders, but the Guatemalan Govemmenl and Army claim all relevant documents have been submitted to the courts. The current De Leon administration, has not made any effort to pursue investigationsrial of the alleged "intellectual authors."
A 5 Minugua (UN Mission for Guatemala) report runted at the possibilityovernment coverup in the Mack case, finding irregularities in Ihe judicial handling of the caseack of initiative on the pan of competent organs (which) amountsenial of the rightJ OS^NTO
Current Status
Helen Mack and the ODHA intend to pursue their claim against the alleged "intellectual authors" behind Myma Macks murder, according to Embassy reporting. Although Embassy officials continue to pressure the government on this case, they have limited leverage over the Army, which is unlikely to change its story or contributeredible investigation of the
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accused officers. The Embassy also notes lhai. the finding thai the case against the alleged intellectual authors can continue is an historiconetheless, evidence may be difficult to -come.I
A Onarch, the United States announced the suspension, for the remainderf international miliiary education and training (IMET) programs for Guatemalan military personnel, in part due to the lack of substantial progress on the Myrna Mack and other human rights cases.
A Inelen Mack met with senior State Department officials and requested that the United States make available to her information on the Guatemalan military that might aid in the prosecution of the masterminds of her sistersI
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Original document.
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