TOWARD THE RULE OF LAW?

AN IMPORTANT CASE IN DETERMINING TO what extent Guatemala will be ruled by law in the 1990s is that of Myrna Mack chang. Mk. a Guatemalan anthrox3logist, was doing work among displaced tasants in Mexico, Alta Verapaz, and the heat On September 11. 1990, she as knifed to death outside the offices of AVANScO, a social-science research association, in down-Guatemala city. At first, the government avowed that the crime Was a common robbery. Thanks largely to the ine.thaustible efforts of Myrna’s sister, Helen Mack, and to the early eftorts of an agent for the Department of criminal (Tnvestioations. Jose M&ida-since assassinated-the ease). . . has embroiled a number of high-ranking military offtcs, A specialist with the military staff of former Presicknt . Noel de Jesus Beteta, has been arrested and charged withthecrime.Aniongthosewhohaveheenorderedtoruake court appearances in the murder investigation are: the mill-tary commanden of the tones in which Mynia Mack was working;thechiefoftheinilitary staffofthePresident.Oeneral Godoy Gayuin: the former Minister of Defense. Juan Leonel BolaNos chdvez; and cerezo himself. It still appears unlikely that the true architects of the murder will ever be tried. Yet, the case has revealed a number irregularities and is having a major impact on the level of tbatpeopleare ready to accept in Guatentala.There is substantial evidence against Jesus Beteta, but it goes well beyondhim.AninvestigatorfortheHumanRightsOfflcehas declared publicly that a well-equipped security force. like the army, must have bean involved. It turns out that an arrest order had been issued against JesUs Beteta on other charges months earlier. He was never arrested, and continued as a member of Cerezo’s military staff. The fonner prestdent has refused to aftend three consecutive court appearances to clanfy (the matter. Perhaps most tellingly, fully a dozen)judges have withdrawn from the case for a variety of reasons, the twelfth having excimed himself in early October, l992for health reasons. The case continues with a new judge. In the meantime, Helen Mack chang won the Right Livelihood Award from the Swedish Parliament on October 7, 1992, She has beeome a potent symbel of individual courage and determination. Her swuggle has inspired other Guatemalans. Congress has passed a new penal code which should become law in late 1993 or early 1994: the law is designed to make it easier to prosecute cases such as that of Myma Mack by. in effect, allowing the disappeared to act a-s therequired private accuser in absentia.1 Oneof Guatemala’s major newspapers started a petition campaign in September revoke the various special privileges given to government officials and members of parliament. The petifion doesn’t mention the military, but many feel it is only a matter of time before they too are made accountable,’ “Un cOdigo que revolucionarh Ia jasticia,” &Onka, October lb. 1992. 2Eor an account of the Myrna Mack case, see “El Caso de Myrna Mack, Ia esrafetade Iosjueces, ‘(CrOnica.)September 25 1992; Lii Horn, September19. 1992 and October 7 1992; and Sigh, Veinthoto, fktober 16, 1992.