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The Mvrna Mack Case
Summary
Inuatemalan Myrna Mack Chang was killed near her office in Guatemala City. Infter numerous delays in like judicial process. Noel de Jesusember of ihe Presidential General Staffas found guiky of the crime and sentenced toears in prison; the ruling has been upheld on several appeals. While the alleged intellectual authors of the crime have not been tried, the most recent court ruling leaves open this possibility. The Mack family continues to seek punishment of all who were involved in the murder (CNF)
Myrna Elizabeth Mackyear old antliropologist/sociologist, was stabbedimes and killed onhe had been researching issues affecting displaced persons in Quiche and Huchuctcnango 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 ihe control of the rebel Guerrilla Army of the Poor (EGP) at the time of Macks death.
A Mack is widely believed to have had ties to Ricardopanish Jesuit priest and authorritical study of Ihe Guatemalan militaryscorched earth campaign, afier Mack's death, Falla was accused by senior Army officers ofebel leader and ideologue and was expelled from Ihe country.F)
A1 Embassy report stated that, from the start, the Mack killing appears to have had political motives and to have been executed by the Presidential Military Staffounte.-insurgency operation against someone suspected of having had contact with the guerrillas. This will be an acid lest for the governments political will and for the ability of the
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decrepit Guatemalan judicial system to deliver jusi ice..|F)
Noel de Jesusormer Army sergeant who was assigned lo the 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) oneieia had fled to the United Slates inuiicmalan judgearrant (or hts arrest inhe US Embassy helped locale the fugitive in Los Angeles and arranged for his extradition1. 5DEC9I;. 3DEC9I. C|
A Beteta claims he has been abandoned by ihe Army; he says their agreement was thai he would remain silent about the 'intellectual authors* in exchangeilitarily arranged and facilitated escape orongressional amnesty
A According to defense aitach reporting, some Army officers see Betetacapegoat who was sacrificed lo show ihe international community that Guatemalas jusiice system can protect and ensure human rights.F)
Helen Mack Chang, founder of the Myma Mackon-profit group established in3 lo sponsor human rights seminars and technical workshops and to provide legal counsel for ahusc victims-haselentless crusader for justice in her sisters murder case.
A With the support of the Archbishops Human Rights Officeack continues to press for the trial of the intellectual authors of live crime-former PCS officials Gen. (retired) Edgar Godoy Gaitan. Lt. Col. Juan Valencia Osonit. and Li Col. Juan Oliva Carrera--whom she alleges ordered the surveillance and killing of her sister. F)
Developments in the Case
The court proceeding began on1 with the rough equivalentrand jury indictment against Beieta, but it quickly raneries of setbacks;
A Twelve different judges were eventually excused from ihe 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 invcstigalor in the case was assassinated, although various sources later reported he was killed for unrelated reasons.F)
Based in large part on the testimony of two eycwiinesscs-who subsequently accepted political asylum inonviction and sentence were finally handed down on3
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A The Embassy noted, the Betcta conviction-even though subject to appeal-is an extremely positive development. Nonetheless, Beteta was at least partially right when he saidhat the Mack murderers have yet to be convicted; all accounts agree that two attackers killed Myrna Mack, and no investigations or proceedings are currently pending against either the second assailant or the attackers superiors.EB9J. C)F)
The case then moved into the appeal process. Following an3 Appellate Court review, the Embassy noted, we share her (Helen Macks) disappointment that the court dismissed charges against Betetas superiors, butthat nothing more than circumstantial evidence implicated the accused intellectual authors.| 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 the failed attempt. (CNF)
Beteta unsuccessfully attempted suicide twice in4 following his well-publicized allegations that Lt. Col. Valencia Osorio had given Ihe order to kill Myraa Mack. However, this video taped testimony, in which ex-convict Jorge Lemus asked Beteta leading questions, was widely viewedoax.
A Lemus had already accused Betetas superiors as the true authors of Ihe Mack murderetterocal newspaper innd further claimed lhat Beteta did not plan his unsuccessful3 prisonhe Embassymus self-promoting attempts to gain notoriety and did nol find his allegations credible.F)
Inhe appeal process was exhausted when Gualemalas Constitutional Court declined io rcvicw-and thereby confirmed--ihe Supreme Courts4 ruling lhat sufficient evidence existed for ihe case against the alleged intellectual officers to continue. Both courts, however, also ruled thai the executive branch could not be compelled to turn over its files on ihe case. Helen Mack alleges such files exist and thai they would prove lhat Beteta acted under orders, bui the Guatemalan Government 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 hinted at the possibilityovernment coverup in ihe Mack case, finding irregularities in the judicial handling of the caseack of initiative on ihe pan of competent organs (which) amountsenial of iheI (CNF)
Current Siaius
Helen Mack and the ODHA intend to pursue their claim againsl the alleged "intellectual authors" behind Myrna Macks murder, according to Embassy reporting. Although Embassy officials continue to pressure the government on this case, they have limiicd 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 lhat, the finding thai the case against the alleged intellectual authors can continue is an historicnonetheless, evidence may be difficult to come|
A Onarch, ihe United States announced the suspension, lor the remainderf international military education and training (IMET) programs for Guatemalan military personnel, in pin due lo ihe lack of substantial progress on ihe Myma Mack and other human nghts cases.
A Inelen Mack met with senior State Department officials and requested lhat the United Stales make available io her information on ihe Guatemalan military that might aid in ihe prosecution of the masterminds of her sistersPRM. C| F)
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Original document.
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