Título Dos Capítulo Siete. Efectos y ejecución del amparo

The declaration granting constitutional relief (amparo) shall have the following effects:

a)To suspend, as to the claimant, the challenged law, regulation, decision or act and, where applicable, restoration of the affected legal situation or cessation of the measure;

b)To set a reasonable time limit for the delay to cease, if the case involves mere delay in deciding, carrying out any procedural step or executing any previously ordered act;

c)Where constitutional relief (amparo) has been filed based on omission by the authority in issuing the regulations implementing the law, the Amparo Tribunal shall decide by establishing the bases or elements for application thereof to the specific case, in accordance with the general principles of law, custom, precedents for other cases, analogy to other regulations and equity, in such order as the tribunal determines.

If the authority or entity does not decide within the time limit set by the constitutional relief (amparo) tribunal:

a)The interested party may resort to the immediate superior authority or, as the case may be, to the Tribunal of Administrative Litigation to issue a decision;

b)If there is no hierarchical superior or if, due to the nature of the matter, the administrative-litigation route is not possible, the responsible public official shall be separated ipso facto from office on the day following expiration of the time limit set by the constitutional relief (amparo) tribunal, unless he is a popularly elected public official, in which case he shall answer for the damage and losses caused;

c)If the entity or authority against which was requested under this law, the provisions of the preceding paragraph shall apply and if the directly responsible public official was not appointed by election of any collegiate body, he shall be ipso facto removed on the terms established above. If the public official held office by designation of the collegiate body, his situation shall be equated to that of popularly elected public officials;

d)If constitutional relief (amparo) was sought against acts of an essentially private entity of those included in Article 9 of this law, proceedings shall be as in the case of popularly elected public officials.

When the challenged act has been consummated in an irreparable manner or when its effects have ceased, the judgment of the tribunal of constitutional relief (amparo) shall make the corresponding declaration and shall order that civil and criminal liability be determined.

Once the granting of constitutional relief (amparo) has been decreed, in the same judgment the tribunal shall order the obligated party to give exact compliance with what was decided within the term of twenty-four hours, unless more time is necessary for such purpose in the tribunal's opinion, in which case it shall set such time as it deems appropriate.

In the same judgment the obligor shall be warned that in the event of non-compliance the obligor shall incur a fine of one hundred to four thousand quetzales, without prejudice to the ensuing civil and criminal liabilities.

If the obligated person has not exactly complied with what was decided, on its own initiative his prosecution shall be ordered, with certification of the pertinent record, without prejudice to the ordering of all such measures as lead to immediate execution of the decision of constitutional relief (amparo).

If the person obligated to comply with what was decided in the constitutional relief (amparo) enjoys antejuicio, the pertinent record shall be certified to the corresponding body or tribunal to hear the case.

For the due execution of what was decided in constitutional relief (amparo), the tribunal, on its own initiative or at the request of a party, shall take all measures leading to compliance with the judgment. For this purpose it may issue orders and writs to authorities, public officials or employees of the public administration or obligated persons.

Where there has been an order to pay costs, the tribunal shall carry out the assessment thereof upon motion of a party, which shall be processed by way of incidental proceedings.

Public and the Human Rights Ombudsman.

Once the constitutional relief (amparo) proceedings have concluded, the secretariat of the tribunal shall assess the corresponding fines.

Every fine shall be paid within the five days following the date on which the judgment becomes final.

The secretariat shall immediately issue the corresponding payment order.

When a dignitary, public official, employee or worker gives rise to constitutional relief (amparo) by reason of the exercise of their office, function or service, the State, the entity or person whom they serve shall be jointly and severally liable for the damage and losses that may be caused. Whoever pays may seek recovery against the author of the damage and losses for what they have paid.

When the tribunal declares that payment of damages and losses is warranted, whether in the judgment or in a subsequent decision, it shall fix its amount in a liquidated sum or establish, at least, the bases in accordance with which the liquidation shall be made or leave the fixing of its amount to assessment by experts, which shall be processed under the procedure for incidents.

In addition to the cases established in this law, the tribunal, after the judgment, at the request of a party, shall order payment of damages and losses where there is delay or resistance in executing what was decided in the judgment.